GODAVRI SHILPKALA LTD Vs. TOURISM FINANCE CORPORATION OF INDIA LTD

JUDGEMENT

(1.) HEARD learned Counsel for the appellant. The appellant has come forward with this appeal against the order dated 14.8.2002, declining the request of the appellant to permit cross-examination of the witnesses for the Bank. This application has been dismissed by the learned Presiding Officer of DRT-II, Delhi on the ground that the application for permission to cross-examination of witnesses does not disclose any reason for doing so. The copy of the application filed before the DRT is also at page 102 of the paper book. A perusal of this application shows that this application is bereft of details as to why the witnesses are required for cross-examination. Therefore, this application has been rightly dismissed by the learned Presiding Officer. However, learned Counsel for the appellant points out that even at the time of advancing arguments on this application, it was pointed out, and she had undertaken to furnish the details as to why the witnesses are to be cross-examined, and though this was noted by the learned Presiding Officer, he had not given time to file detailed application setting out the grounds for cross-examination. In these circumstances, I find though there are no merits in this appeal inasmuch as the application has been rightly dismissed. But, in the interests of justice, the appellant can be permitted to file a fresh application giving the details as to which of the witnesses are to be cross-examined and on what points they are to be cross-examined and such other details as are necessary for enabling the Tribunal to pass an appropriate order. Therefore, with these observations, this application and the unregistered appeal are disposed of.

(2.) Copy of the order be furnished to the Counsel for the appellant and be also forwarded to the concerned DRT.