Delhi High Court
Mahmood Ali Khan & Anr. vs Arun Kumar Singh & Ors. on 3 February, 2015
Author: G.P. Mittal
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 3rd February, 2015
+ CM (M) 93/2015
MAHMOOD ALI KHAN & ANR. ..... Petitioners
Through: Mr. Rajiv Ranjan Dwivedi, Adv.
versus
ARUN KUMAR SINGH & ORS. ..... Respondents
Through: Mr. Manish Kaushik, Adv. for
Mr. K.L. Nandwani, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
G. P. MITTAL, J. (ORAL)
CM (M) 93/2015 and CM APPL.1947/2015 (stay)
1. Notice.
2. Mr. Manish Kaushik, Advocate appearing for Respondent no.3 accets
notice.
3. The Petitioners challenge the legality of the order dated 20.12.2014
whereby the evidence of the Petitioners was closed and it was directed
that the application for summoning of the witnesses is not tenable.
4. The grievance of the Petitiners is that although their application dated
11.04.2014 to summon the witnesses was allowed, but their evidence
was wrongly closed by an order dated 20.12.2014. Further, the
grievance is that it was directed that the Petitioners shall not be
entitled to interest from 14.07.2014 till further orders. Order dated
20.12.2014 is extracted hereunder:-
"Petitioner again seeks adjournment for maintainability
of the application dated 14.07.2014. Since the evidence
of petitioner was already closed, the application for
summoning the witness is not tenable, hence, it is
dismissed.
Put up for entire RE on 26.02.2015.
The petitioner is not entitled for the interest for the
period from 14.07.2014 to till further orders."
5. Although, copy of the order dated 20.12.2014 has not been placed on
record, however, the learned counsel for the Petitioners has shown me
copy of the order dated 24.05.2014 which reveals that by an order
dated 22.03.2014, the evidence of the Petitioners was closed.
6. From the undated application whereon the order dated 11.04.2014
was passed, it is evident that SI Karamveer, PS Shakarpur and Dr.
B.N. Acharya were permitted to be summoned by the Claims
Tribunal. By a subsequent order dated 15.07.2014 also, the witnesses
were again ordered to be summoned. It is quite strange that although
the Claims Tribunal had closed the Petitioners' evidence by an order
dated 22.03.2014, yet by a non-speaking order, the witnesses were
ordered to be summoned on 11.04.2014. Not only this, subsequently,
on 15.07.2014, the witnesses as mentioned in the application for
summoning witnesses were again ordered to be summoned. Order
dated 15.07.2014 reads as under:-
"15.07.2014
File taken up on an application moved on behalf of the
Petitioner.
Present: Sh. Rajiv Ranjan Dwivedi, Counsel for
petitioner.
He request for issuance of summons to the witnesses as
sited there under.
In view of the reasons explained by the ld. Counsel, the
application stands allowed. The witnesses sited in the
application be summoned on taking requisite steps for
date fixed."
7. In view of the order dated 11.04.2014 passed on the undated
application for summoning witnesses and the order dated 15.07.2014
passed on the application dated 14.07.2014, order dated 20.12.2014
was not called for.
8. The Claims Tribunal fell in grave error in closing the evidence of the
Petitioners by an order dated 20.12.2014; the same therefore, has to be
set aside.
9. I order accordingly.
10. It goes without saying that consequently, the order of the Petitioners
being not entitled to interest w.e.f. 14.04.2014 is also set aside.
11. The next date before the Claims Tribunal is stated to be 26.02.2015.
Since these are official witnesses, the Claims Tribunal shall ensure
attendance of the witnesses by issuing process, as may be required.
12. The petition is disposed of in above terms.
13. Copy of the order be given Dasti to the learned counsel for the parties.
14. Pending application also stands disposed of.
(G.P. MITTAL)
JUDGE
FEBRUARY 03, 2015
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