M S EC CONSTRUCTIONS P LTD vs NEERAJ ZUTSHI AND ANR

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.11.2025 + CM(M) 1683/2025 M/S EC CONSTRUCTIONS P LTD .....Petitioner Through: Mr. Prabhjyot Singh, Advocate. versus NEERAJ ZUTSHI AND ANR .....Respondents Through: Mr. Sahil Gupta and Mr. Arjun Aggarwal, Advocates. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner/plaintiff has assailed orders dated 01.08.2025 and 11.08.2025 of the learned trial court. By way of order dated 01.08.2025, the learned trial court closed opportunity of petitioner/plaintiff to further cross examine DW1 since cost imposed for earlier adjournment was not paid and not even any application for waiver of the cost was moved. By way of order dated 11.08.2025, application of petitioner/plaintiff for recall of order dated 01.08.2025 was dismissed. In the interest of expeditious disposal of suit, which was instituted in the year 2006 and is at fag end, learned counsel for both sides request for permission to address final arguments today itself. As such I have heard learned counsel for both sides. 2. Learned counsel for petitioner/plaintiff submits that he was not granted fair opportunity to cross examine DW1. It is contended by learned counsel that on 01.08.2025, he had sought a pass over till 02:30pm but the same was denied by the learned trial court, so the impugned orders are not sustainable in the eyes of law. Learned counsel for petitioner/plaintiff CM(M) 1683/2025 Page 1 of 5 pages Signature Not Verified Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, Digitally Signed GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - KATHPALIA 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d By:NEETU N NAIR 15570996b40f80cb