KALPATARU PROJECTS INTERNATIONAL LTD. vs MS SUNITA ENTERPRISES

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 14th May, 2026 CM(M) 1074/2025, CM APPL. 36201/2025 & CM APPL. 36202/2025 KALPATARU PROJECTS INTERNATIONAL LTD......Petitioner Through: Dr. Shivam Bajaj, Dr. Akash Tandon, Mr. Amit Sagar and Mr. Sudhir Kumar, Advocates. versus MS SUNITA ENTERPRISES .....Respondent Through: Mr. Bijay Kumar and Mr. Ashok Nigam, Advocates. 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, assailing the orders dated 01st October, 2024 and 25th March, 2025, passed by the learned Trial Court in CS No. 896/2017 and CS No. 223/2018, whereby an opportunity of the petitioner/defendant to cross-examine PW-1 and PW-2 was closed and the application filed by the petitioner seeking recall of the said order was dismissed respectively. 3. Heard. Record perused. 4. Learned counsel for the petitioner has argued that the learned Trial Court has passed the impugned orders on surmises and conjectures, contrary to the facts and law. PW-1 and PW-2 are material witnesses a