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Judgment
Delhi High Court Bar Association" BC 2004 II SC 33, wherein it observed
that the cross-examination only be allowed in cases as the evidence by
way of affidavit which led by the bank is always basis the printed documents.
7.In order to give one opportunity to the appellant i.e. defendant no.7 to prove his
case before DRT, opportunity is given to the appellant/defendant no.7 to cross-examine witnesses i.e. Sh. H.S. Batra and Sh. J.S. Bajaj who has filed the OA and Sh. H.K. Gulati who tendered the evidence by way of affidavit before DRT subject to the condition that they should be available for cross-examination.
8. The DRT-I, Delhi shall be at liberty to fixed appropriate date for calling these witnesses and permitted the appellant/defendant no.7 to cross-examine the said
witnesses.
9. The respondent no.1 is also directed to make every possible effort to call and made available these witnesses for cross-examination on date so fixed by the DRT.
Now coming to the I.A. No. 1570/2018 filed by the appellant/defendant no.7 before DRT, this Tribunal is of the opinion that DRT-I, Delhi has taken the right view that the relief as claimed in the said application cannot
be granted.
It is conveyed by the Counsels for both the parties that T.A.
No. 64/2015 (O.А.
No. 443/1998) is again got transferred and renumbered as T.A. No.
1101/2024, which is pending before DRT-II, Delhi.
Parties directed to appear before DRT-II, Delhi on the next
date of hearing.
The present Misc. Appeal No. 251/2019 is disposed of accordingly. Copy of
this order be sent to the concerned DRT.
(Dr. Justice Sudhir Kumar Jain)
Chairperson
Footnotes
- 1.-N/C-1/36