Amar Chand Sharma vs Anshul Jain
2023 Latest Caselaw 1081 Del

                                           Neutral Citation Number 2023:DHC:3029



                          $~63
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                    Judgment delivered on: 01.05.2023
                          +       CM(M) 494/2023 & CM APPL. 14843/2023
                                  AMAR CHAND SHARMA                             ..... Petitioner
                                                      versus

                                  ANSHUL JAIN                                    ..... Respondent
                          Advocates who appeared in this case:

                          For the Petitioner         :         Mr. P.R. Sikka, Advocate.

                          For the Respondent             :     Mr. Rajesh Sharma and Ms. Kavita
                                                               Sharma, Advocates.

                          CORAM:
                          HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

                                                      JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

1. Petitioner challenges the order dated 06.03.2023 in ARC No. 1010/17 titled as "Anshul Jain vs. Amar Chand Sharma" whereby the learned ARC had closed the right of the leading evidence of one RW, namely, Mr. Aditya Sharma and simultaneously closed the right of the petitioner from recording the evidence of its other witnesses.

2. With the consent of the parties, the following directions are passed:

(i) the learned Trial Court is directed to take the evidence filed by way of an affidavit of Mr. Aditya Sharma on record and provide

Signature Not Verified Digitally Signed

Signing Date:04.05.2023 17:09:51 Neutral Citation Number 2023:DHC:3029

one opportunity to record the evidence of said Mr. Aditya Sharma.

(ii) the learned Trial Court is also directed to provide one further opportunity to the petitioner to summon the official witnesses from the Property Tax Department, Municipal Corporation of Delhi.

(iii) after taking the evidence of Mr. Aditya Sharma on record, the learned Trial Court shall commence the recording of the evidence of the said witness on 20.05.2023, on which date the learned Trial Court shall complete the recording of evidence of the said Mr. Aditya Sharma.

(iv) the learned Trial Court shall provide another date for examination of the summoned witness, whose evidence will be recorded on the same date.

3. It is made clear that the learned Trial Court shall not provide any further opportunity to examine the witnesses as aforesaid.

4. Subsequently, the learned Trial Court shall proceed in accordance with law.

5. Since there has been a delay on the part of the petitioner from examining his witnesses, compensatory costs ought to be made over to the respondent. Accordingly, petitioner shall pay a sum of Rs. 15,000/- as costs to the respondent on or before 20.05.2023.

6. In view of the above, the present petition along with pending application is disposed of.

TUSHAR RAO GEDELA, J.

MAY 1, 2023/nd

Signature Not Verified Digitally Signed

Signing Date:04.05.2023 17:09:51