BISHAN SINGH JASBIR SINGH JWELLERS LLP vs MOUNT SPRING BEVERAGES PRIVATE LIMITED

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13thApril,2026 + CM(M) 762/2026, CM APPL. 22945/2026, CM APPL. 22946/2026 & CM APPL. 22947/2026 BISHAN SINGH JASBIR SINGH JWELLERS LLP.....Petitioner Through: Mr. Deepak Joshi and Mr. Rudra Pratap, Advocates. versus MOUNT SPRING BEVERAGES PRIVATE LIMITED .....Respondent Through: Mr. Siddharth Shankar, Advocate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the orders dated 22nd December, 2025 and 20th February, 2025 passed by the learned Trial Court in CS DJ No.1623/2017, whereby the right of the petitioner/defendant to lead evidence has been closed and their application under Section 151 of the Code of Civil Procedure 1905 seeking recalling of the order dated 22nd December, 2025 has been dismissed respectively. 3. Learned counsel for the respondent appears on advance notice and accepts notice. 4. The matter is taken up for hearing with the consent of the learned Signature Not Verified Signed By:MANISHA CM(M) 762/2026 Page 1 of 2 RAJPUT Signing Date:13.04.2026 16:58:25 counsels for the parties. 5. Heard. Record perused. 6. Learned counsel for the petitioner submits that the petitioner was unable to examine the witness on 22nd December, 2025, on account of the ill-health of the said witness. It is further submitted that the petitioner wants to examine only one witness, namely- Sh. Harjit Singh Chadha and in case the petitioner is not granted an opportunity to examine the said witness, it would cause grave prejudice to the defence of the petitioner. 7. Per contra, learned counsel for the respond