M/S Whirlpool Of India Ltd vs M/S H.B. Leasing & Finance Co. Ltd

The Supreme Court held that the defendant's failure to cross-examine the plaintiff's witnesses resulted in the forfeiture of that right, as per the trial court's orders dated 1.8.2007 and 7.9.2007. The Court found no infirmity in the High Court's dismissal of the appeal against these orders, but granted one last opportunity for the defendant to cross-examine the witnesses to prevent irreparable loss. The appellant was penalized with costs of Rs.50,000 for misleading the court by presenting an incorrect order.