Delhi High Court
Mr Piyush Awasthi vs M/S God Plus Glass Industry ... on 30 October, 2023
$~62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 30.10.2023
+ CM(M) 1621/2023
MR PIYUSH AWASTHI ..... Petitioner
Through: Mr. N.U. Ahmed and Mr. Devender
Kumar, Advocates
versus
M/S GOD PLUS GLASS INDUSTRY LIMITED
..... Respondent
Through: Mr. Shyam Sunder Dalal, Advocate
(Through VC)
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
CM APPL. 51299/2023(for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM APPL. 51300/2023(for stay) & CM(M) 1621/2023
1. Mr. Shyam Sunder Dalal, Advocate enters appearance on behalf of
Respondent. He states that he has instruction to accept the legal costs of Rs.
15,000/- as recorded in the order dated 05.10.2023 passed by this Court.
2. The matter was passed over to enable the Petitioner to remit the said
amount through bank transfer to the Respondent; and the Petitioner states
that same has been done during the course of hearing.
Signature Not Verified
By:RASHMI DABAS
Signing Date:03.11.2023
17:04:57
3. This Court has considered the submissions of the learned counsel for
the parties and perused the record.
4. In view of the proceedings recorded on 05.10.2023, this Court is of
the opinion that the impugned order dated 26.08.2023 does not suffer from
any infirmity since in the facts of this case, undoubtedly, the Petitioner
herein has been negligent in conducting the proceeding before the Trial
Court.
5. However, considering the fact that Petitioner herein could not appear
due to his mother's ailment and since his non-appearance before the Trial
Court on the said date has been reasonably explained, this Court deems it
appropriate in the interest of justice that the matter is decided on the merits
of the defence raised by the Petitioner herein.
6. Accordingly, with the consent of the parties, the order dated
26.08.2023 passed in the commercial suit bearing no. CS COMM 4/2022 is
set aside on the following terms:
6.1. The Petitioner who is to be examined as DW-1 will remain present
before the Trial Court on 16.11.2023 and on each successive dates until his
examination and cross-examination is completed and the witness is
discharged.
6.2. The statement of the counsel for the Petitioner made before this court
and as recorded in the order dated 05.10.2023 that he only proposes to lead
evidence of a single witness i.e., DW-1 and no further witness is taken on
record and he is bound down to the same.
6.3. The parties undertake to this Court that they will not seek any
adjournments before the Trial Court and will ensure that they remain duly
Signature Not Verified
By:RASHMI DABAS
Signing Date:03.11.2023
17:04:57
represented through a counsel on each date of hearing to co-operate in the
expeditious disposal of the trial.
7. With the aforesaid directions, the present petition is allowed and the
Petitioner herein is granted final opportunity to lead his evidence diligently.
8. It is made clear that if the Petitioner fails to appear for his
examination and cross-examination as undertaken before this Court and in
terms as directed above, then the liberty granted by this order with respect to
his right to lead evidence shall stand forfeited and the and the order dated
26.08.2023 shall become operational.
9. Pending application is also disposed of.
MANMEET PRITAM SINGH ARORA, J
OCTOBER 30, 2023/hp/ms
Click here to check corrigendum, if any
Signature Not Verified
By:RASHMI DABAS
Signing Date:03.11.2023
17:04:57
