M/S MERIT EXPORTS PVT LTD vs MR RAJ KUMAR GULATI & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th August, 2025 CM(M) 1529/2025 & CM APPL. 50192-50193/2025 M/S MERIT EXPORTS PVT LTD .....Petitioner Through: Mr. Jitendra Mishra, Advocate. versus MR RAJ KUMAR GULATI & ANR. .....Respondent Through: Ms. Meenal Duggal with Mr. Mithlesh Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner is defending a suit which is commercial in nature and its witness i.e. DW-1/Mr.Rakesh Bhatia had submitted his affidavit in examination-in-chief and was also partly cross-examined on 08.04.2025. 2. His further cross-examination was to take place on 15.04.2025. 3. However, on said date, the witness i.e. DW-/Mr.Rakesh Bhatia was not available, being indisposed and reportedly even sent advance intimation to the abovesaid effect on whatsapp group. 4. However, on the basis of the report submitted by the learned Local Commissioner, the learned Trial Court, vide order dated 17.04.2025 has closed opportunity of defendant to lead further evidence and consequently, the affidavit of DW-1/Mr.Rakesh Bhatia has also been directed to be taken off the record with the observation that it shall not be considered