SIDDHARTH GUPTA vs GARUDA CONSTRUCTION AND ENGINEERING PVT. LTD.

Judgment text excerpt

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 503/2025 & CM APPL. 15460/2025 SIDDHARTH GUPTA .....Petitioner Through: Mr. Raashish Rana and Ms. Tanvi Jain, Advocates. versus GARUDA CONSTRUCTION AND ENGINEERING PVT. LTD. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE MANOJ JAIN ORDER % 17.03.2025 1. The petitioner has filed a commercial suit seeking recovery of a sum of approximately Rs. 7 lacs. 2. When the matter was taken up by the learned Commercial Judge on 07.01.2025 for plaintiff’s evidence, noticing that neither any list of witnesses had been filed nor any affidavit by way of evidence had been filed, and the fact that no witness of the plaintiff was present in Court, the learned Trial Court granted one more opportunity to lead evidence, subject to cost of Rs.10,000/-. 3. The grievance in the present petition is merely limited to the imposition of cost. 4. Learned counsel for the petitioner submits that the learned Trial Court did not appreciate the fact that the list of witnesses as well as the affidavit were placed on record by the plaintiff on 04.01.2025 and, therefore, the imposition of cost was not warranted. 5. Learned counsel for the petitioner/plaintiff, when asked, showed the order dated 02.08.2024 passed by the learned Trial Court. By virtue of such Signature Not Verified CM(M) 503/2025 1 Digitally Signed By:SONIA THAPLIYAL Signing Date:18.03.2025 19:23:47 order, the Court had directed the petitioner/plaintiff to file list of witnesses within two weeks. Obviously, such direction was also given to the opposite side. 6. Fact, however, remains that the petitioner himself did not file the list of witnesses within the stipulated period. 7. The abovesaid order also contained a direction to the petitioner to supply copies of affidavits of witnesses