VINOD GUPTA vs M/S B K TRADERS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 29th July, 2025 + CM(M) 3111/2024 & CM APPL. 44452/2024 VINOD GUPTA .....Petitioner Through: Mr. Krishan Bhardwaj, Advocate. versus M/S B K TRADERS .....Respondent Through: Mr. Mudit Sood with Mr. Udit Grover, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a commercial suit. 2. Defendant-Mr. Vinod Gupta (petitioner herein) entered into witness box on 22.03.2024. He made reference to his affidavit submitted towards examination-in-chief and was tendered for cross-examination same day. 3. The Court has gone through his affidavit sworn on 18.03.2024. Unfortunately, this affidavit does not make reference to any document as such. 4. However, when Mr. Vinod Gupta entered into witness box and deposed about the abovesaid affidavit in his examination-in-chief, he deposed as under:- “I tender in evidence, my examination-in-chief by way of affidavit Ex. DW1/A. The contents of same are well within my knowledge and are correct and it bears my signatures at Points Signature Not Verified Digitally Signed CM(M) 3111/2024 1 By:DINESH CHANDRA Signing Date:01.08.2025 16:04:07 A and B. I rely upon the documents which are already Ex. PW1/1 to Ex. PW1/9.” (emphasis supplied) 5. The said witness, for the reasons best known to him, made reference to documents filed by his adversary and deposed that he relied upon documents which had been already proved as Ex.PW1/1 to Ex. PW1/9 6. On that day i.e. 22.03.2024, the defendant was present in the Court with his two counsel and nothing was pointed out to the learned Trial Court, by his counsel and the witness was tendered in evidence and as noted already, the witness did not make reference to his own documents, and, thereafter, he was