MMTC LIMITED Vs. J K SYNTHETICS LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 25.7.2007 passed by the learned Single Judge in IA No.5381/2007 which was filed by the appellant- defendant no.2 praying for re-call of PW-1 for cross examination.

(2.) On going through the records, we find that the said application filed by the appellant-defendant no.2 has not been disposed of by the learned Single Judge and is still pending. However, an order was passed making reference to the conduct of the appellant for failure to cross examine when the witness was produced and made available for cross examination. Reasons stated by the counsel for the appellant for not being present for cross examination is also referred to in the impugned order.

(3.) After hearing the learned counsel for the appellant and on going through the records, we are of the considered opinion that since the application filed by the appellant is not finally disposed of, it may not be appropriate for us to entertain the present appeal at this stage. However, we are of the considered opinion that in line with the order passed by the learned Single Judge on 25th July, 2007, the appellant shall spell out his defence and points on which cross- examination is proposed in order to substantiate his submission before us that the defence of the appellant and other defendants is not common and on these aspects PW-1 has not been cross-examined. If the appellant points out that his defence is different, the prayer of the appellant-defendant no.2 would receive due consideration from the learned Single Judge on the next date fixed in the matter.