DR DONALDS PROMOTERS AND DEVELOPERS PVT. LTD. vs INFER INDIA

Judgment text excerpt

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 02nd May, 2025 + CM(M) 226/2024 & CM APPL. 7030/2024 & CM APPL. 17700/2024 DR DONALDS PROMOTERS AND DEVELOPERS PVT. LTD. .....Petitioner Through: Mr. Anirudh Bakhru, Mr. Ayush Puri, Ms. Archita Mahlawat, Mr. Mohd. Umar, Mr. Kanav Manmani and Ms. Vijay Laxmi Rathi, Advocates versus INFER INDIA .....Respondent Through: Mr. Vivek Kishore, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The prayer in the present petition is merely limited to the effect that one opportunity to cross-examine PW1 Mr. S.K. Lumb be granted to petitioner/defendant. 2. Learned counsel for respondent/plaintiff submits that though, there is no merit or substance in the present petition and the impugned order also does not suffer from any illegality or perversity, in order to ensure that there is no further delay in his suit, he would have no objection if, without prejudice to his rights and contentions, one last and final opportunity is granted to the defendant to cross-examine PW1 Mr. S.K. Lumb. He submits that let there be one effective opportunity only in this regard. He also submits that said witness is presently settled in Canada and that learned Trial Court may be requested to record his cross-examination using videoconferencing tools. Signature Not Verified Digitally Signed CM(M) 226/2024 1 By:SONIA THAPLIYAL Signing Date:03.05.2025 15:05:29 3. Learned counsel for petitioner/defendant submits that his request is merely confined to one opportunity to cross-examine PW1 Mr. S.K. Lumb and since he has already led his evidence, he is not, even otherwise, seeking to lead any further evidence in affirmative. 4. Keeping in mind the overall facts of the case and the gracious concession given by learned counsel