CLASSIC IMPORTS INC. vs M/S CORNELL OVERSEAS PVT LTD AND ORS

Judgment text excerpt

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th August, 2025 + CM(M) 2140/2024 CLASSIC IMPORTS INC. .....Petitioner Through: Mr. Kuljeet Rawal, Mr. Aditya Joshi and Mr. Shivansh Bansal, Advocates versus M/S CORNELL OVERSEAS PVT LTD AND ORS .....Respondent Through: Mr. Srinivasan Ramaswamy, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 50803/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 2140/2024 & CM APPL. 50752/2025 1. Petitioner, as defendant no. 1, is defending a suit for recovery. 2. The aforesaid suit is now at the stage of final arguments. 3. Fact remains that as far as defendant no. 1 M/s Classic Import Incorporation is concerned, no witness was examined by them in their defence. 4. One Mr. Ramesh Arora is reportedly Managing Director/CEO of the aforesaid company and he joined the proceedings through videoconferencing and apprised the learned Trial Court that he was unable to depose on account of his ill-health. 5. Such fact is found to be recorded in order dated 02.06.2023. 6. Thereafter, when the matter was taken up by the learned Trial Court on Signature Not Verified Digitally Signed CM(M) 2140/2024 1 By:DINESH CHANDRA Signing Date:20.08.2025 19:09:31 04.08.2023, learned counsel for defendant no. 1 sought liberty to file application seeking to examine son/ attorney of Mr. Ramesh Arora. 7. Application was accordingly moved by defendant no. 1 in which it was clearly averred that since Mr. Ramesh Arora was 79 years of age and was not keeping well and was not in a position to make deposition before the learned Trial Court, his son Mr. Sarvesh Arora, who had been appointed attorney by him, had been authorized to depose before the Court. It was also mentioned in the applica