IFCI LTD. Vs. MODISTONE LTD.

JUDGEMENT

(1.) COUNSEL of appellant submits receipt of Rs. 1000/ -, the costs deposited by him.

(2.) COUNSEL for the parties heard. The appeal has been filed against the order dated 17.12.2008. It is submitted that the appellant had produced Sh S.K. Mazumdar as witness in this case. His affidavit was filed before the learned DRT in July 2002. The said witness, who was working as DGM (Law), retired in the year 2005. The Respondent wants to cross -examine him.

(3.) IT is reported that witness Sh S.K. Mazumdar is suffering from various ailments and is unable to attend the Court. The application for substitution of another witness was dismissed by the learned DRT. However, there is one another method, if the witness is unable to attend the Court he can be cross -examined at Calcutta at the expenses of the appellant. Learned DRT can appoint an Advocate as Local Commissioner who will cross -examine the witness. The appellant would have to bear the expenses of Local Commissioner and Counsel for the Respondent.