Mr Jayesh Jl & Anr. vs M/S Cl Educate Limited
2023 Latest Caselaw 4362 Del

                          $~53
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                             Date of decision: 31.10.2023

                          +      CM(M) 1765/2023,          CRL.M.A.         28661/2023      &     CRL.M.A.
                                 28662/2023

                                 MR JAYESH JL & ANR.                                     ..... Petitioners
                                                    Through:      Mr. Joydip Bhattacharya, Advocate

                                                    versus

                                 M/S CL EDUCATE LIMITED                                  ..... Respondent
                                                    Through:      Mr. Vikas Padora and Mr. Aditya
                                                                  Chand, Advocates
                          %
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                    JUDGMENT

MANMEET PRITAM SINGH ARORA, J (ORAL):

CRL.M.A. 28662/2023 (for exemption) Allowed, subject to all just exceptions. Accordingly, the present application stands disposed of. CM(M) 1765/2023, CRL.M.A. 28661/2023

1. At the outset, learned counsel for the Petitioner states that the Petitioner has filed before the Trial Court, two (2) separate applications under Order 26 Rule 10, Code of Civil Procedure, 1908 ('CPC') and an application under Section 165 of Evidence Act, 1872 for seeking leave of the said Court to cross examine the Local Commissioner on her statement recorded on 04.08.2023.

Signature Not Verified Digitally Signed

Signing Date:03.11.2023 18:40:18 1.1. He states that while he reserves his right with respect to the applications already filed, he states that in this petition, he is seeking limited relief that in the event his applications for cross examination are allowed, the statement of the Local Commissioner recorded on 04.08.2023 should be directed either to be treated as statement of oath or re-recorded on oath so that the sanctity of the cross examination can be maintained.

2. In the opinion of this Court, the issue of re-recording the statement of the Local Commissioner on oath so as to enable the Petitioner to cross examine her as per law can be raised before the learned Trial Court. Accordingly, the learned Trial Court is requested to duly consider this issue while considering the pending applications of the Petitioner.

3. No further directions are required in this matter.

4. The counsel for both the parties has no objection to the aforesaid direction.

5. With the aforesaid directions, the present petition is disposed of. Pending applications are disposed of.

6. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

MANMEET PRITAM SINGH ARORA, J OCTOBER 31, 2023/msh/sk Click here to check corrigendum, if any

Signature Not Verified Digitally Signed

Signing Date:03.11.2023 18:40:18