Delhi High Court
Pritam Singh vs Ashok Kumar Makkar (Since ... on 9 May, 2022
$~53(Appellate)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 424/2022
PRITAM SINGH ..... Petitioner
Through: Mr. Bharat Arora and Mr.
Lakshay Raheja, Advs.
versus
ASHOK KUMAR MAKKAR
(SINCE DECEASED THROUGH HIS LRS)... Respondent
Through: Mr. Kush Sharma, Ms. Asiya
Khan, Mr. Vineet Nagar and Mr. Kshitiz
Ahuja, Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT(ORAL)
% 09.05.2022
CM(M) 424/2022, CM APPL. 21987/2022 (stay) and CM APPL.
21988/2022 (Exemption)
1. The petitioner desires to summon Ms. Kamlesh Makhija and the
Ahlmad/Record Keeper of the Court of Mr. Sunil Kumar, learned
Metropolitan Magistrate, Tis Hazari Courts, Delhi, as two additional
defence witnesses.
2. Learned Counsel for the respondent, in order to expedite
proceedings, has very fairly suggested that, on the next date of
hearing, i.e. 11th May, 2022, he shall make Ms. Kamlesh Makhija
available, so that petitioner could examine her.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:09.05.2022
17:46:58
3. The petitioner, as the defendant before the learned Trial Court
would examine her as an additional defence witness.
4. Insofar as the Ahlmad is concerned, permission had earlier been
granted by the learned Additional District Judge ("the learned ADJ")
to summon the Ahlmad as an additional defence witness and,
apparently, it was only because the correct Police Station had not been
mentioned that the learned ADJ decided not to summon the Ahlmad
any further.
5. To this, too, the learned Counsel for the respondent is agreeable
to the Ahlmad being summoned for the next date when the matter is
listed, i.e. 11th May, 2022 to be examined by the petitioner as an
additional defence witness.
6. This petition is, accordingly, disposed of with a direction to the
learned ADJ to summon the aforesaid Ahmad of the Court of Mr.
Sunil Kumar, learned Metropolitan Magistrate, Tis Hazari Courts,
Delhi and Ms. Kamlesh Makhija, for being examined as additional
defence witnesses for 13th May, 2022.
7. Learned Counsel for the Respondent is agreeable to make Ms.
Kamlesh Makhija available on the said date.
8. The learned ADJ is, accordingly, directed to issue necessary
summons to the aforesaid defence witnesses on 11th May, 2022 when
the matter is next listed.
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:09.05.2022
17:46:58
9. It is made clear that no adjournment shall be taken by the
petitioner either on 11th May, 2022 or on 13th May, 2022 and that the
petitioner should be ready to examine the aforesaid two additional
defence witnesses on 13th May, 2022.
10. The learned ADJ is requested to ensure that the suit is disposed
of as expeditiously as possible.
11. Miscellaneous applications also stand disposed of.
12. Copy of this order be given dasti to learned Counsel for the
parties under the signature of Court Master.
C.HARI SHANKAR, J
MAY 9, 2022
r.bararia
Signature Not Verified
By:SUNIL SINGH NEGI
Signing Date:09.05.2022
17:46:58
