KALPATARU PROJECTS INTERNATIONAL LTD. vs MS SUNITA ENTERPRISES

Judgment text excerpt

$~31 * 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 and they could not be cross-examined on behalf of the petitioner owing to the amalgamation of the petitioner company pursuant to the order passed by the NCLT, as well as on account of the illness of the learned counsel for the petitioner/defendant. CM(M) 1074/2025 Page 1 of 2 Signature Not Verified Signed By:VAISHALI CHAUHAN Signing Date:15.05.2026 11:15:17 It is further argued that, in case the petitioner was not granted the opportunity to cross-examine PW-1 and PW-2, grave prejudice would be caused to the case of the petitioner, who has also filed a counter-claim against the responde