Jagdish Sandhu vs Uco Bank
2024 Latest Caselaw 8402 P&H

Punjab-Haryana High Court

Jagdish Sandhu vs Uco Bank on 22 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                   2024:PHHC:054119
                            124
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                        CR-1425-2024 (O&M)
                                                                        Date of decision : 22.04.2024

                            Jagdish Sandhu                                                 ... Petitioner(s)
                                                               Versus
                            UCO Bank                                                     ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN



                            Present :    Mr. Aditya Sheoran, Advocate and
                                         Mr. Nihit Lomis, Advocate for the petitioner.

                                         Mr. Yashveer Kharb, Advocate for the respondent.



                            ALKA SARIN, J. (ORAL)

1. The present revision petition has been preferred by the

defendant-petitioner challenging the order dated 12.01.2024 (Annexure P-3)

whereby the evidence of the defendant-petitioner has been closed by order.

2. Learned counsel for the defendant-petitioner would contend

that only one witness remains to be examined and that given one effective

opportunity, the defendant-petitioner would conclude his entire evidence at

his own risk and responsibility.

3. Per contra, learned counsel for plaintiff-respondent states that

the defendant-petitioner has been delaying the matter and that despite

numerous opportunities he has failed to conclude his evidence and hence the

impugned order was rightly passed on 12.01.2024 closing the evidence of

the defendant-petitioner.

integrity of this order/judgment.

                                                                                     2024:PHHC:054119

                            CR-1425-2024 (O&M)                                                     -2-

4. I have heard the learned counsel for the parties.

5. In the present case the learned counsel for the defendant-

petitioner has contended that only one witness needs to be examined and that

given one effective opportunity he would conclude his entire evidence at his

own risk and responsibility. The present suit is for recovery of Rs.9,60,394/-

alongwith pendente lite interest. No doubt despite numerous opportunities

the defendant-petitioner has failed to conclude his evidence, however,

keeping in view the fact that only one witness needs to be examined and in

order to impart complete justice between the parties, this Court deems it

appropriate to grant one effective opportunity to the defendant-petitioner to

lead his entire evidence at his own risk and responsibility, subject to

payment of costs of Rs.10,000/- to be deposited with the District Legal

Services Authority, Panipat, which shall be a condition precedent.

6. Disposed off accordingly. Pending applications, if any, also

stand disposed off.

                            22.04.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

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

integrity of this order/judgment.