LOIL OVERSEAS FOODS LTD Vs. MGR HOLDING

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India impugns the order dtd. 3/8/2023 passed by the Additional District Judge-01, Patiala House Courts, New Delhi in CS No. 58362 of 2016 titled as 'MGR Holding Pvt. Ltd. Vs. Loil Overseas Foods Ltd.', whereby the application under Sec. 151, Code of Civil Procedure, 1908 ('CPC') filed by the Petitioner herein was dismissed with cost of Rs.5,000.00 to be paid to New Delhi District Legal Services Authority ('ND DLSA").

(2.) The learned counsel for the Petitioner states that the Petitioner seeks limited permission to examine its sole witness Mr. Balbir Singh Uppal on his existing affidavit which stands filed on record in the aforesaid Civil Suit.

(3.) The learned counsel for the Respondent states that as is evident from the record of the aforesaid Civil Suit, the matter has remained pending at the stage of DE since 29/3/2019. He states that on an earlier occasion as well the DE was closed by the Trial Court vide order dtd. 27/7/2022 and on a similar plea of the Petitioner, the Trial Court re-opened the right to lead DE by way of last opportunity however, the defendant failed to avail the said last opportunity granted by the Trial Court thereafter on 31/1/2023.