Allowed

Swagat ( a Unit of M/s. Bajrang Textiles Pvt. Ltd. ) v. M/s. Hotel Parklane (P) Ltd.

Telangana HC19 Apr 2010CRP/6187/2009

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AI extract

What is this about?

In a civil revision challenging the dismissal of an application to recall a witness to confront demand drafts regarding rent payment, the High Court allowed the petition, directing the trial court to fix a date for cross-examination without adjournment and ordering the petitioner to submit fresh demand drafts within six weeks.

What did the court decide?

The Civil Revision Petition was allowed. The trial court is directed to recall P.W.1 for cross-examination after six weeks.

Swagat ( a Unit of M/s. Bajrang Textiles… — Civil Procedure and Limitation | Telangana HC (2010)

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THE HON’BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION NO.6187 OF 2009

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DATED:19-04- 2010.

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Between

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1.Swagat (A unit of M/s Bajrang Textiles Pvt Ltd) A company duly incorporated under the Companies Act and rep. by Chairman and another

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… Petitioners

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And

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M/s Hotel Partlane (P) Ltd a company duly incorporated under the Companies Act and rep its Authorised Director Smt.B.Pravdeeena

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…Respondent

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THE HON’BLE SRI JUSTICE K.C.BHANU

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CIVIL REVISION PETITION NO.6187 OF 2009

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ORDER:

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This revision is filed under Article 227 of the Constitution of India challenging the order, dated 27-11-2009, in I.A.No.1899 of 2009 in O.S.No.87 of 2006, on the file of the I Addl. Chief Judge, City Civil Court, Secunderabad, whereunder and whereby the application filed under Section 151 CPC to reopen the case was dismissed.

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2. Some demand drafts towards rent have been sent to the respondent prior to the cross examination of P.W.1 and also after cross-examination. The purpose of recalling P.W.1 is to confront those demand drafts. That petition was dismissed by the trial Court. The trial Court ought to given an opportunity to the petitioner to confront those demand drafts with P.W.1 because they disclose about the payment of rents by way of demand drafts. The trial Court shall fix a date for recalling P.W.1 and after taking consent from both the counsel and after fixing the date, P.W.1 shall be cross-

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examined by the counsel for the petitioner herein on the date so fixed without taking any adjournment. The cross-examination shall be limited only with regard to confrontation of demand drafts with P.W1. The petitioner shall take fresh demand draft for total amount covered by the previous demand drafts. The said demand draft shall be given to the respondent within six weeks from today. As the previous demand drafts are required for confrontation with P.W.1., a consolidated demand draft for total amount can be received by the respondent without prejudice to its rights and contentions.

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3. Accordingly, the Civil Revision Petition is allowed. No order as to costs.

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K.C.BHANU, J

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DATED:19-04- 2010 Hsd

Swagat ( a Unit of M/s. Bajrang Textiles Pvt. Ltd. ) v. M/s. Hotel Parklane (P) Ltd.

Case brief

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Swagat ( a Unit of M/s. Bajrang Textiles Pvt. Ltd. ) v. M/s. Hotel Parklane (P) Ltd.

Case brief

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