M/S UNIDIAM ABRASIVES LTD. Vs. THE EDC LIMITED
LAWS(BOM)-2016-10-30
HIGH COURT OF BOMBAY
Decided on October 15,2016

M/S Unidiam Abrasives Ltd. Appellant
VERSUS
The Edc Limited Respondents

JUDGEMENT

- (1.) Rule. Rule made returnable forthwith. The learned Counsel for the respondent, waives service. Heard finally by consent of the parties.
(2.) The petitioners are challenging the order dated 24.08.2016 (below Exhibit-126), passed by the learned Principal District Judge at Panaji in Civil Miscellaneous Application No. 101/2004. By the impugned order, the application for permission to cross examine the witness of the applicants- petitioners, has been refused. The learned District Judge has found that the cross examination of the witness was closed on 20.06.2016 and inspite of opportunity being granted, the witness was not cross examined. The learned District Judge also noticed that the matter is of the year 2004 and is a part of Special Drive matters.
(3.) On hearing the learned Counsel for the parties, I find that the cross examination was closed recently i.e. on 20.06.2016. There was an application for adjournment filed on the ground that the Counsel was not in a position to cross examine, for want of necessary instructions. The said application was rejected and the evidence was closed. Having regard to the overall circumstances, I find that in the interest of justice, a fair opportunity has to be granted to the petitioners to cross examine the witness. This shall however be subject to costs.;


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