M/S RAM PAL SINGH MUKHTYAR AHMAD vs M/S AGGCON EQUIPMENTS INTERNATIONAL(P) LTD

DEEPAK KUMAR 2026.05.22 15:02 I attest to the accuracy and integrity of this document CR-402-2019 -2- prove the bills issued by the plaintiff to the defendant, testimony of Assistant Officer, Service Tax, is not relevant piece of evidence. 4. Having heard counsel for the parties and after carefully perusing the records of the case, this Court finds that once the official witness has defied the summons and has opted not to appear, the Trial Court ought not have punished the petitioner. The petitioner having discharged his obligation as per law and the summons having been executed, the Court was well within its power to enforce presence of the official witness through bailable/non-bailable warrants. Thus, instead of ordering closure of evidence of the defendant, Trial Court should have enforced the presence of the official witness. 4.1. So far as the objection raised by counsel for the respondent w.r.t. relevance of the evidence is concerned, the same is to be taken at the time the witness is being examined. 5. In view thereof, the present revision petition is allowed. Trial Court is directed to afford an opportunity to the defendant to conclude his evidence as per law. May 20, 2026