AKHIL GUPTA vs M/S OPS ENTERPRISES PVT. LTD.

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 18th March, 2025 + CM(M) 508/2025 & CM APPL. 15695-15696/2025 AKHIL GUPTA .....Petitioner Through: Mr. Rohit Goswami with Mr. Naman Mitra and Mr. Himanshu Sharma, Advocates. versus M/S OPS ENTERPRISES PVT. LTD. .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is defending a suit for recovery. 2. He is aggrieved by order dated 13.01.2025 whereby his application moved under Order XVIII Rule 17 CPC has been dismissed by the learned Trial Court. 3. The above said civil Suit was filed by M/s OPS Enterprises Pvt. Ltd. through its authorized representative Ms. Tannu Goyal. According to plaintiff, the defendant (petitioner herein) had purchased cloth goods on credit and there was outstanding of Rs. 1,12,421/-. 4. After completion of pleadings and framing of issues, the plaintiff Company examined Mr. Naresh Kumar Agarwal (PW-1), its Director/Authorized representative. He was cross examined and discharged on 30.01.2023. 5. The case was thereafter fixed for defendant’s evidence. 6. Defendant moved the above said application under Order XVIII Rule 17 CPC seeking permission to further cross examine PW-1. It was contended that the previous counsel had failed to put forward the defence of the Signature Not Verified Digitally Signed CM(M) 508/2025 1 By:SONIA THAPLIYAL Signing Date:20.03.2025 11:36:05 defendant and substantive questions were not put during such cross-examination and, therefore, the permission was sought to call him for further cross examination. 7. The learned Trial Court dismissed the above said application while observing as under:- “As per record, PW-1 was cross examined and discharged on 30.01.2023 and the matter is at the stage of DE since the