SANJAY GOEL vs SAG INFRASTRUCTURE DEVELOPERS PVT LTD & ANR.

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th May, 2025 + CM(M) 919/2025 & CM APPL. 30176/2025 SANJAY GOEL .....Petitioner Through: Mr. Mayank Wadhwa, Mr. Shorya Goel, Mr. Digvijay Singh and Ms. Muskan Gupta, Advocates. versus SAG INFRASTRUCTURE DEVELOPERS PVT LTD & ANR. .....Respondent Through: Mr. Himanshu Sachdeva and Mr. Shantanu Garg, Advocates for R-1. 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. When the case was at the stage of defendant’s evidence, defendant No.1 Mr. Sanjay Goel entered into witness box on 18.09.2024, and he was partly cross-examined and his further cross-examination was deferred for 19.09.2024. 3. On 19.09.2024, said witness appeared again. 4. There was one more official witness from Kotak Mahindra Bank and the order sheet of 19.09.2024 would indicate that both the witnesses were examined and discharged and the case was fixed for 09.01.2025 for remaining DE. 5. The grievance of the defendant is limited to the effect that on 09.01.2025 when the plaintiffs appeared before the learned Trial Court they Signature Not Verified Digitally Signed CM(M) 919/2025 1 By:SONIA THAPLIYAL Signing Date:21.05.2025 11:28:00 apprised the Court that the abovesaid witness Mr. Sanjay Goel (D1W1) was still under cross-examination. 6. The learned Trial Court, however, noticing the proceedings dated 19.09.2024, asked them to move appropriate application in this regard. 7. The plaintiffs accordingly moved an application under Order XVIII Rule 17 read with Section 151 CPC seeking recall of the abovesaid witness. In their application also, they mentioned that the cross-examination had not been concluded that day on account of paucity of time and that it was to be continued on the