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Delhi High Court - Orders

Rajinder Kumar Tanwar vs State & Ors on 6 September, 2022

Author: Amit Bansal

Bench: Amit Bansal

$~12
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+       TEST.CAS. 97/2014

        RAJINDER KUMAR TANWAR                 ..... Petitioner
                    Through: Mr. D.K. Sharma, Advocate

                           versus

        STATE & ORS                                       ..... Respondents
                           Through:     Mr. Amit Gupta and Mr. Shiv Verma,
                                        Advocates for respondents No.2, 3
                                        and 5
                                        None for respondent No.6

        CORAM:
        HON'BLE MR. JUSTICE AMIT BANSAL

                    ORDER

% 06.09.2022 I.A.7578/2019 (of the respondents no.2, 3 and 5 u/O-VIII R-1 of CPC)

1. Arguments on behalf of the applicants/respondents no.2 to 5 on the application has been heard.

2. Counsels for the respondents no.2, 3 and 5 submits that in view of the fact that the respondent no.6 is supporting the case of the petitioner, he could not have been permitted to cross-examine the witness of the petitioner, after the cross-examination of the petitioner's witness was conducted by the respondents no.2, 3 and 5 . He relies upon judgment in Thota Suryanarayana v. Kanumuri Sitarama Bapiraju, 2003 SCC OnLine AP 960, Sarabjit Singh v. Gurinder Singh Sandhu, 2011 (121) DRJ 102 and judgement of a Coordinate Bench of this Court dated 15th July, 2008 in Signature Not Verified Digitally Signed By:AMIT BANSAL TEST.CAS. 97/2014 Signing Date:06.09.2022 Page 1 of 18:42:47 2 CS(OS) No.234/97 titled Ajit Singh Gill v. Arvind Khosla.

3. None appears on behalf of the respondent no.6, neither any reply has been filed to the said application.

4. List for further submissions on 3rd November, 2022.

5. Counsel for the petitioner submits that the costs imposed by the order dated 28th January, 2020 has not been paid by the respondents. Let the same be paid on or before the next date of hearing.

6. Counsels for the parties shall file short note along with judgments in support of their submissions, within two weeks.

AMIT BANSAL, J.

SEPTEMBER 06, 2022 dk Signature Not Verified Digitally Signed By:AMIT BANSAL TEST.CAS. 97/2014 Signing Date:06.09.2022 Page 2 of 18:42:47 2