ANIL KUMAR JUNEJA AND ANR vs M/S KISHAN CONSTRUCTION

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28th April, 2025 + CM(M) 2470/2024 & CM APPL. 24783/2025 ANIL KUMAR JUNEJA AND ANR .....Petitioners Through: Ms. Manpreet Kaur with Ms. Jaya Goyal, Advocates. versus M/S KISHAN CONSTRUCTION .....Respondent Through: Ms. Khushboo Kohli, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM(M) 2470/2024 & CM APPL. 24782/2025 (early hearing) 1. Petitioners seek early hearing of the matter. 2. Learned counsel for the respondent is also present on advance notice. 3. With the consent of both the learned counsel for the parties, matter has been taken up today itself. 4. The point raised in the present petition is very short and precise. 5. Petitioners are defending a suit for recovery filed by M/s Kishan Construction (respondent herein). While defending the abovesaid suit, the defendants/petitioners had also lodged their counter-claim and are seeking damages. 6. When the abovesaid suit and the counter-claim were taken up by the learned Trial Court on 12.02.2024, it dismissed one application filed under Order XVI Rule 3 CPC by defendants/counter-claimants whereby they, merely, wanted to examine three official witnesses. 7. Learned counsel for defendants/counter-claimants (petitioners herein), in all fairness, admits that the defendants should have mentioned the names of these Signature Not Verified Digitally Signed CM(M) 2470/2024 1 By:SONIA THAPLIYAL Signing Date:30.04.2025 11:45:06 witnesses at the first available opportunity and to that extent, she admits inaction on the part of the defendants. However, she submits that the case of defendants/counter-claimants is very consistent from day one and the reference about the documents sought to be proved through these official witnesses is specif