Civil Revision No.7344 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No.7344 of 2009 Date of Decision: 20.7.2010 Amartex industries Limited …Petitioner Versus Amrisar Swadeshi Textile Corporation Pvt. Ltd. …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sanjeev S. Thakur, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioner submits that by closing the evidence of defendant, the trial Court has caused grave injustice as it is evident from a perusal of Annexure P1 that employee of the plaintiff/respondent was not coming forward to appear in the witness box and on various summons sent, it was reported that neither anybody is ready to accept the summons nor furnish particulars of the witness and an attempt is made to evade the service. A reference has been made to Annexures P1 and P2 to contend that the defendant to the suit wanted to examine the witness of the plaintiff to say that from their records, no liability of the defendant is discernible. A perusal of the impugned order dated 2.12.2009 (Annexure P4), passed by the trial Court, further reveals that the plaintiff's evidence was concluded on 8.9.2008 and the case was posted for 15.10.2008, Civil Revision No.7344 of 2009 2 7.1.2009 and 3.2.2009 for the evidence of defendant. Thereafter, the defendant availed various opportunities to conclude its evidence, however, failed to do so and the same was closed by order of the Court dated 2.12.2009. Taking totality of the circumstances into consideration, this Court is of the view that one opportunity can be granted to the petitioner/defendant to conclude his entire evidence, at his own risk and responsibility, subject to payment of cost of Rs.5,000/-. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge July 20, 2010 “DK”