GARUDA CONSTRUCTION AND ENGINEERS PVT. LTD. vs DINESH KHANNA

Judgment text excerpt

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 04th August, 2025 + CM(M) 2831/2024 GARUDA CONSTRUCTION AND ENGINEERS PVT. LTD. .....Petitioner Through: Mr. Soayib Qureshi & Mr. Nikhil, Advocates versus DINESH KHANNA .....Respondent Through: Mr. Sumeet Verma, Senior Advocate with Mr. Vijay Wadhwa and Mr. Mahinder Pratap Singh, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) CM APPL. 47004/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 2831/2024& CM APPL. 47003/2025 (for stay) 1. Petitioner (defendant before the learned Trial Court) seeks stay of the proceedings. Since learned Senior Counsel for respondent/plaintiff has also joined the proceedings through videoconferencing, with the consent of both the sides, matter has been taken up today itself. 2. The next date fixed, thus, stands cancelled. 3. Petitioner herein is defending a commercial suit. 4. The evidence was being recorded before a Local Commissioner appointed by the learned Commercial Court. 5. During such recording of evidence, plaintiff examined one official Signature Not Verified Digitally Signed CM(M) 2831/2024 1 By:DINESH CHANDRA Signing Date:05.08.2025 18:31:34 from Delhi Police. 6. Such official, a summoned witness, brought certain record on 16.03.2024 and was examined. 7. When the case was at the stage of defendant’s evidence, the request came from the side of defendant to call Delhi Police official with certain record and the grievance is with respect to rejection of his such request. 8. Learned Senior Counsel for respondent/plaintiff asserts that the present petition has been filed by suppressing material facts and the crux of testimony of DW1 was not even brought before this Court. He submits that since there is suppression of facts,