Imperia Structures Ltd And Ors vs Pioneer Publicity Corporation Pvt Ltd

Rajneesh Kumar Gupta, J

This hearing has been conducted through hybrid mode.

The present petition has been filed under Article 227 of the Constitution of India, assailing the impugned order dated 15th January, 2026, passed by the learned Trial Court in CS DJ No. 64/2018, whereby the right of the petitioners/defendant to cross-examine PW-1 has been closed.

Learned Counsel for the respondent appears on advance notice and accepts notice.

Heard. Record perused.

Learned Counsel for the petitioners has argued that PW-1 is the material witness of the case and petitioners have not been given sufficient opportunities to cross-examine him. It is further argued that grave prejudice would be caused to the petitioners if the opportunity is not granted to them to cross-examine PW-1.

Per Contra, learned Counsel for the respondent has argued that sufficient opportunities have already been granted by the learned Trial Court to the petitioners to cross-examine PW-1. The present petition has been filed only to delay the Trial Court proceedings.

A perusal of the record shows that three opportunities have already been granted to the petitioners to cross-examine PW-1. However, keeping in view the facts and circumstances of the case, this Court is of the opinion that it would be in the interest of justice, if one more opportunity is granted to the petitioners to cross-examine PW-1, as the respondent can be compensated with costs. Accordingly, one more opportunity is granted to the petitioners to cross-examine PW-1, subject to payment of costs of Rs. 10,000/- (Rupees Ten Thousand Only) to the respondent.

It shall be open to the learned Trial Court to allow cross-examination of PW-1 on the date already fixed or on any other date as may be convenient to the learned Trial Court.

Accordingly, the present petition is disposed of in the above terms. All pending application(s), if any, also stand disposed of.