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Showing contexts for: passover in Sunaina Mittal vs Rishi Mahajan on 12 January, 2023Matching Fragments
09.10.2019 At 11.46 am Present: Ld Counsel for aggrieved alongwith aggrieved.
Respondent no.1 in person.
Passover sought buy respondent no.1 on the ground that his counsel will appear at 12.30 pm as he is presently busy in Hon'ble High Court of Delhi.
It is noted in the last order that no passover or adjournment shall be granted, yet in the interest of justice, one passover is granted.
Be put up at 12.30 pm. MM03 Mahila Court, South, Saket, Delhi At 12.30 pm Present: Same as above.
Respondent no.1 again sought passover on the ground that his counsel is still not available as he is still stuck in Hon'ble High Court of Delhi.
Despite directions that no passover or adjournment shall be granted today, one passover has already been granted to respondent no.1 but still he has no clue as to when his counsel will appear and he is simply seeking second passover which cannot be granted now.
Be put up for CE on 20.12.2019.
MM03 Mahila Court, South, Saket 09.10.19.
4. Aggrieved by the above order of the Ld. MM a revision was preferred against the same by the respondents before the Ld. Principal District & Sessions Judge South, Saket which was disposed vide order dated 23.12.2019. In the said order the Ld. Principal District & Sessions Judge, South, clearly observed that the adjournments as well as non appearance of counsel for the respondents were unjustified but considering the submissions of counsel for the respondents/appellants that appellant shall suffer irreparable loss and injury in case they were not allowed to crossexamine the aggrieved/complainant and taking into account the nature of the proceedings involved, one opportunity was granted to the respondents subject to the cost of Rs.25,000/ to cross examine the complainant/aggrieved and it was made clear that the appellants shall cross examine the respondent/aggrieved on the date fixed by the Ld. Trial Court and no passover/adjournment for any reason whatsoever shall be allowed. The operative portion of order dated 23.12.2019 is reproduced below:
The appellants shall cross examine the respondent herein on the date so fixed by the Ld. Trial Court and no passover/adjournment for any reason whatsoever shall be allowed.
5. In compliance with the said order passed by the Ld. Principal District & Sessions Judge, (South), a sum of Rs.25,000/ was handed over by respondent no.1 to the aggrieved in the court on 08.01.2020 and the Ld. MM fixed the cross examination of aggrieved/ CW1 for 13.02.2020 at 11.00 am and also made it clear by the said order that no passover or adjournment shall be granted for cross examination of CW1 on the date fixed. It is recorded in the order sheet dated 13.02.2020 that CW1/aggrieved was cross examined in part on the date fixed and her further cross examination was deferred as it was already lunch time and CW1 was discharged and bound down for the next date of hearing. The order dated 13.02.2020 reads as under : 13.02.2020 Present: Sh. Rajesh Kumar, Ld Counsel for aggrieved alongwith aggrieved.