M/S UNIDIAM ABRASIVES LTD. Vs. THE EDC LIMITED
HIGH COURT OF BOMBAY
M/S Unidiam Abrasives Ltd.
The Edc Limited
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(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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