A And A Earth Movers PVT. LTD. vs. Material Handling Systems

Held

The Court held that in the interest of justice and in view of the concession granted by the respondent, the petitioner should be granted one more opportunity to cross-examine all four witnesses (PW-1 to PW-4) on the date already fixed before the learned Trial Court. The respondent was directed to take necessary steps for summoning these witnesses. The Court also imposed a condition that the petitioner shall not seek any further adjournment for cross-examination for any reason whatsoever. The petition was disposed of in terms of this order.

Facts

The petitioner, A and A Earth Movers Pvt. Ltd., filed a petition challenging specific orders passed by the learned District Judge (Commercial-01), South District, Saket Court, Delhi. The original suit was filed by the respondent, Material Handling Systems, seeking recovery of Rs 3,15,798/- along with interest. The petitioner's challenge was initially against multiple orders but was restricted to those dated 14.11.2024 and 22.11.2024. The order dated 14.11.2024 recorded the examination of PW-1 Mahesh Gupta, whose cross-examination was deferred at the petitioner's request, and PW-2 Sh. Naseeb, Inspector of CGST, Delhi, whose cross-examination was not deferred despite the petitioner's request. On 22.11.2024, the petitioner failed to cross-examine PW-1, leading to the closure of their right to cross-examine that witness. Two more witnesses, PW-3 Shahadat Hussain and PW-4 Sh Santosh, were also examined and discharged on this date.

Key Issues

1. Whether the petitioner should be granted one more opportunity to cross-examine witnesses PW-1 to PW-4 to avoid prejudice to their defence. Petitioner's contention: The petitioner argued that denial of further opportunity to cross-examine the witnesses would prejudice their defence and therefore, at least one more opportunity should be granted. Respondent's contention: The respondent stated they had no objection to the petitioner being allowed to cross-examine the aforesaid witnesses.