NARESH KUMAR GARG vs BTW INDIA PVT LTD

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 09th May, 2025 + CM(M) 629/2025 & CM APPL. 19853-19854/2025 NARESH KUMAR GARG .....Petitioner Through: Mr. Vibhav Mishra and Ms. Renu Bhandari, Advocates. Versus BTW INDIA PVT LTD .....Respondent Through: Mr. Aditya Chopra, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The point is raised in the present petition is very short and precise. 2. The petitioner herein is defendant and, earlier, when he had approached this Court seeking permission to lead evidence in defence, such request was allowed vide order dated 18.12.2023 passed in CM(M) 2092/2023 and he was granted one opportunity to examine himself and, simultaneously, he was burdened with cost of Rs.40,000/-. 3. Learned counsel for petitioner submits at the Bar that cost of Rs.40,000/- was paid, in his presence, to the then counsel for petitioner i.e. Mr. Varun Sikka. However, no examination took place on 20.12.2023 as it was apprised to the Court that the order had not been uploaded on the website of this Court and the copy was not available. 4. On next date i.e. 21.02.2024, the said witness was not present and, moreover, defendant also moved an application seeking permission to bring on record some ledger statements. Such application was, however, dismissed by the learned Trial Court on 14.08.2024. 5. On 16.10.2024 also, the witness did not appear before the Court and request for adjournment was made on the ground that his wife was not well. Signature Not Verified Digitally Signed CM(M) 629/2025 1 By:SONIA THAPLIYAL Signing Date:10.05.2025 16:56:22 6. The next date before the learned Trial Court is stated to be 19.07.2025. 7. Learned counsel for the petitioner (defendant before the learned Trial Court) submits that the af