M/S Sunblossum Florals Ltd & Ors. vs National Horticulture Board
2015 Latest Caselaw 2071 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of Decision: March 10, 2015

+                   CRL.M.C. 675/2015 & Crl.M.A2589/2015
      M/S SUNBLOSSUM FLORALS LTD & ORS       ..... Petitioners
                   Through: Ms. Surbhi Sharma, Advocate

                          versus

      NATIONAL HORTICULTURE BOARD            ..... Respondent
                  Through: Mr. Sanjeev Singh, Advocate

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

In proceedings under Section 138 of the Negotiable Instruments Act, 1881, vide order of 9th February, 2015, petitioners' evidence has been closed as despite numerous opportunities, no evidence was led by petitioners. The cost imposed upon petitioner was enhanced by the revisional court to `3 lac vide order of 9th February, 2015.

While entertaining this petition, petitioners were directed to deposit the cost of `50,000/- with the Registrar General of this Court, which petitioners have done. Copy of affidavit of petitioners' witness- Siddhartha Mukherjee has been placed on record as Annexure P-12 and it is submitted on behalf of petitioners that only evidence which is to be led on behalf of petitioners is of Siddhartha Mukherjee and his evidence by

CRL.M.C. 675/2015 Page 1 way of affidavit is already on record as Annexure P-12.

Upon hearing and on perusal of the impugned orders and the affidavit of petitioners' witness-Siddhartha Mukherjee, I find that recording of petitioners' evidence is essential for the just decision of this case. Resultantly, impugned orders are hereby quashed and petitioners' witness- Siddhartha Mukherjee is permitted to step into the witness box before trial court on the date so fixed by the trial court and to depose in terms of aforesaid affidavit (Annexure P-12) and an opportunity to cross- examine this witness be provided by trial court.

Since the complaint in question is of more than a decade old, therefore, let trial court pre-pone the date of hearing and fix a date in the month of April, 2015 for cross-examination of petitioners' witness- Siddhartha Mukherjee. Respondent shall be entitled to cost of `50,000/-, which already stands deposited with the Registrar General of this Court.

Let parties appear before trial court on 24th March, 2015 for further proceedings in accordance with law.

With aforesaid directions, this petition and the applications are disposed of.

                                                         (SUNIL GAUR)
                                                            JUDGE
MARCH 10, 2015
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CRL.M.C. 675/2015                                                     Page 2