SIRENA TECHNOLOGIES PRIVATE LIMITED Vs. NAVEEN KUMAR VISHWANATH

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 25/7/2023 passed in Commercial O.S.No.432/2021 by the Commercial Court, whereby the applications, I.A.Nos.23 to 25 filed by the petitioners to reopen the case, recall the order dtd. 18/7/2023 and for permission to cross-examine PW.1 further by the petitioners were rejected by the Commercial Court.

(2.) The material on record discloses that the aforesaid suit instituted by the respondent-plaintiff against the petitioners- defendant Nos.1 and 2 for recovery of money and other reliefsis being contested by the petitioners. On behalf of the respondent, PW.1 was examined and partly cross-examined by the petitioners, who subsequently filed the instant applications seeking permission to recall PW.1 for further cross-examination. By the impugned order, the Commercial Court dismissed the said applications, aggrieved by which the petitioners are before this Court by way of the present petition.

(3.) Though several contentions have been urged by both sides in support of their respective claims, adopting a justice oriented approach and in order to provide one more opportunity to the petitioners, I deem it just and appropriate to set aside the impugned orders and allow the applications by issuing certain directions in this regard.