The Single Judge allowed applications to reopen the case and recall witness PW1 for cross-examination, imposing a penalty to expedite the long-pending insolvency proceedings.
PW1 recalled for cross-examination; PW1's evidence reopened; Petitioner to pay Rs.20,000 cost per application within seven days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appln.Nos.186 and 187 of 2022
Appln.Nos.186 & 187 of 2022 in I.P.No.25 of 2014
Dr.G.JAYACHANDRAN, J. and C.V.KARTHIKEYAN, J.
[Order of the Court was made by Dr.G.JAYACHANDRAN, J. ]
The application in Appln.No.173 of 2017 was reserved for orders
after completing the examination of witnesses. Thereafter, the respondent has filed these applications to reopen and recall the PW1 for cross examination.
was pending for more than five years and this petitioner, who is the respondent in that application, against whom the prayer for recovery of a sum of Rs.50,00,000/- sought, has sufficiently dragged the matter and failed
to cross examine PW1, the said application was reserved for orders. Only after reserving the matter for orders, these applications for reopening and recalling is filed.
petitioner/respondent to examine the petitioner witnesses to put forth his defense, these applications are allowed on terms.
Page No.1/2
Appln.Nos.186 and 187 of 2022
Dr.G.JAYACHANDRAN, J. and C.V.KARTHIKEYAN, J.
nsa
the Official Assignee/respondent within a period of seven days from today (01.11.2022). On payment of the cost, PW1 shall be recalled for cross examination and evidence of PW1 shall be reopened.
[Dr.G.J.,J.] [C.V.K.,J.] 01.11.2022
nsa
Appln.Nos.186 & 187 of 2022 in I.P.No.25 of 2014
Page No.2/2
1 issue framed by the court
Whether to permit recall of prose Witness PW1 for cross-examination after the matter was reserved for over five years due to the petitioners inaction.
1 provisions across 1 enactments
Petitioner
Official Assignee / Respondent
Dr. G. Jayachandran
C. V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
