Sri Sai Communication Digital Cable Network vs Zee Entertainment Enterprise Ltd

Case taken up. Learned Counsel for both side are present.

Heard over application, moved by Petitioner, for substituting the witness, for whom affidavit has been filed. Learned Counsel for Petitioner had moved this application with a prayer for allowing the Petitioner to drop its witness PW-1, Mr. Raj Shekhar Shetkar, and allowing the Petitioner to produce PW-2, Mr. Suresh Shetkar, as its witness. Mr. Suresh Shetkar is with authorized representation for Petitioner.

This has been vehemently opposed, by Counsel for Respondent, with this contention, that PW-1, Mr. Raj Shekhar Shetkar was being examined and it was in continuation when he deposed the real fact, going to help Respondent. Then after,  this was thought to be substituted by another witness. This cannot be permitted. A request was there, to get PW-1 examined, by way of Advocate Commissioner. The request was previously negated by this Tribunal.

Learned Counsel for Petitioner mentioned that Petitioner is to prove its case, and it has given, its evidence. A substitution of witness may be treated as addition of witness and whatever has been deposited by PW-1, be taken on record, and  its evidence be got closed.

The consequence of the evidence of PW-1, will be argued and decided, at the time of judicial decision making. Under above contention, this application is being allowed up to this prayer that Mr. Suresh Shetkar, will be examined as PW-2, and the evidence of PW-1, will remain on record and will be taken in account.

Matter is being referred to Court of Registrar for recording evidence of PW-2, and the evidence of Respondent, if needed and desired.

Parties to appear before Court of Registrar on the date fixed there at.