Amar Prabhu Goyal And Anr vs M/S Vishal Enterprises And Ors
2024 Latest Caselaw 7041 P&H

Punjab-Haryana High Court

Amar Prabhu Goyal And Anr vs M/S Vishal Enterprises And Ors on 3 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                  2024:PHHC:045135

                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        126                                          CR No.1065 of 2024
                                                                     Date of Decision : 03.04.2024



                        Amar Prabhu Goyal and Another                                    ....Petitioners

                                                         VERSUS

                        M/s Vishal Enterprises and Others                           .....Respondents


                        CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


                        Present :   Mr. Aman Bahri, Advocate for the petitioners.

                                    Mr. Hemant Bassi, Advocate for respondent No.1.


                        ALKA SARIN, J. (Oral)

1. The present revision petition has been filed under Article 227 of

the Constitution of India for setting aside the order dated 07.02.2024

whereby evidence of the defendant-petitioners has been closed.

2. Learned counsel for the defendant-petitioners has contended

that defendant-petitioner No.1 has partly been cross-examined and his cross-

examination needs to be completed. It is further the contention that given

one opportunity the defendant-petitioner No.1 would present himself for

completion of his cross-examination.

3. Mr. Hemant Bassi, Advocate has put in appearance on behalf of

plaintiff-respondent No.1 and has filed his power of attorney, which is taken

on record. He states that defendant-petitioner No.1 has already availed

numerous opportunities to conclude his evidence, however, he did not

present himself for further cross-examination.

integrity of this order/judgment

                         CR No.1065 of 2024                     -2-                2024:PHHC:045135


                        4.           Heard.

5. In the present case the limited prayer made by learned counsel

for the defendant-petitioners is that the defendant-petitioners only want that

the cross-examination of defendant-petitioner No.1 be permitted to be

completed and that they do not wish to lead any further evidence.

6. Keeping in view the totality of circumstances and the fact that

only the cross-examination of defendant-petitioner No.1 needs to be

completed, this Court deems it appropriate to grant one opportunity to

defendant-petitioner No.1 to present himself for completion of his cross-

examination. The said opportunity would be subject to payment of

Rs.30,000/- as costs to be paid to the plaintiff-respondent No.1, who is the

contesting respondent. It is made clear that the payment of costs shall be a

condition precedent.

7. The revision petition is disposed off in the above terms.

Pending applications, if any, also stand disposed off.

( ALKA SARIN ) 03.04.2024 JUDGE jk

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment