* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) NO.223/2008 M/s. Hindustan Motors Ltd. ….Appellant Through: Mr. Mudit Sharma with Mr. Amit Shukla, Advocates Versus M/s. Seven Seas Leasing Ltd. ….Respondent Through : Ms.Ekta, Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE DR. JUSTICE S.MURALIDHAR JUDGMENT % 19.5.2008 1. Heard both sides. By consent of the parties, the appeal is taken up for hearing. 2. The appellant has filed the present appeal seeking to challenge the order dated 23.4.2008 passed by the learned single Judge whereby the learned single Judge has closed the cross examination of PW-1, Shri R.K. Bansal holding that there is no reason to call PW-1 Shri R.K. Bansal for cross examination. 3. The suit is for recovery of possession of the ground floor and the mezzanine floor on the rear wing of Gulab Bhawan, 6, Bahadurshah Zafar Marg, New Delhi (suit premises) and for mesne profits. The appellant delivered the vacant and peaceful possession of the suit premises to the respondent on 3.8.1999 without prejudice to his rights. The only issue is about the mesne profits and the matter has been referred to the Joint Registrar for recording evidence. 4. On 25.9.2007, examination-in-chief of PW-1 Shri R.K. Bansal was conducted and cross examination was deferred to 8.10.2007 as the counsel for the appellant could not reach the Court due to heavy traffic. On 8.10.2007 and 10.12.2007, PW-1 Shri R.K. Bansal was cross examined and further cross examination was deferred to 4.3.2008. On 4.3.2008, due to ill health, the counsel, who had conducted the cross examination on the last two dates, could not come and, therefore, Advocate-on-Record for the appellant requested for adjournment, which the learned Joint Registrar was pleased to grant. However, the counsel for the respondent requested that the matter be placed before the Court for appropriate orders and accordingly the matter came to be placed before the learned single Judge on 17.3.2008. on 23.4.2008, learned single Judge held that there is no reason to further call PW-1 Shri R.K. Bansal for cross examination and closed the cross examination of PW-1 Shri R.K. Bansal. 5. Learned counsel appearing for the appellant contended that the appellant has been diligently pursuing the matter and only on one occasion that too due to ill health of the counsel, he failed to conduct the cross examination. He has submitted that the appellant had already informed the counsel for the respondent a day before the date of hearing that they would not be in a position to cross examine their witness on 4.3.2008. He prayed that the appellant be permitted to complete the cross examination of PW-1 on such terms as this Court may deem necessary. 6. Having considered the facts and circumstances of the case, we are of the opinion that the prayer of the appellant needs to be granted. We order accordingly. The order of the learned single Judge is set aside, subject to payment of costs of Rs.10,000/- (Rupees ten thousand only) to PW-1 Shri R.K. Bansal. The matter is directed to be placed before the learned Joint Registrar on 17th and 18th July, 2008 for cross examination of PW-1 Shri R.K. Bansal. It is made clear that under no circumstances the appellant will ask for any further adjournment and shall have to complete the cross examination of PW-1 on the above dates. 7. The appeal stands disposed of in terms of the above order. Chief Justice S. Muralidhar, J May 19, 2008 “nm”