V S KASHYAP Vs. DEBT RECOVERY TRIBUNAL

JUDGEMENT

(1.) THIS Writ Petition is filed against the orders of the Debt Recovery Tribunal rejecting the request made by him to cross examine the witness under Rule 12 (6) of the Debt Recovery tribunal (Procedure) Rules, 1993.

(2.) TRIBUNAL has held that the parties who seek to cross-examine the opponent should show sufficient grounds to cross-examine. Petitioner has not stated the grounds on which he, wants to cross-examine.

(3.) A reading of the Debt Recovery Tribunal (Procedure) Rules, 1993 does not indicate that the right of an applicant who wants to cross examine the witness is very limited and restricted It is fundamental principle of law that every adversary is entitled to cross examine on is set-aside as being opposed to the principles of law. Matter is remitted with a direction to the tribunal to permit the petitioner to cross-examine the witness i. e, P. W. 1 without seeking any further adjournment on the next date of hearing.