MS PRIME GOLD SAIL JVC LIMITED vs SHUBHAM STEEL INDUSTRIES

Judgment text excerpt

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th May, 2025 + CM(M) 868/2025 & CM APPL. 27914-27915/2025 MS PRIME GOLD SAIL JVC LIMITED .....Petitioner Through: Mr. Anjaneya Mishra with Mr. Sahil and Mr. Nidish, Advocates. versus SHUBHAM STEEL INDUSTRIES .....Respondent Through: Mr. Karan Valecha with Mr. NamanTandon and Mr. Vishal Singhal, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is plaintiff before the learned Trial Court. 2. After framing of issues, a list of witnesses was filed by the plaintiff in which he mentioned four witnesses. Out of such four witnesses, two witnesses have already been examined and one has been dropped. 3. The petitioner, merely, seeks to examine the sole left out witness Mr. Sanjeev Agarwal. 4. Learned counsel for the petitioner admits that the plaintiff should have been careful and should have taken requisite steps for the purposes of his examination at the earliest available opportunity. However, at the same time, Signature Not Verified Digitally Signed CM(M) 868/2025 1 By:SONIA THAPLIYAL Signing Date:09.05.2025 11:56:31 he submits that there is no ulterior objective involved here and since the name of this witness was disclosed in the list of witnesses, which was filed before the learned Trial Court at first available opportunity, such witness should be permitted to be examined. 5. Learned counsel for respondent/defendant appears on advance notice and submits that thereafter the matter was taken up on several occasions and the defendants have closed their evidence and the case is now fixed for final arguments on 17.05.2025.It is also submitted that the learned Trial Court has carefully considered the entire background facts and the impugned order does not suffer from any ill