AGENCY REAL MARGAO PVT LTD Vs. SANDEEP NAIK

JUDGEMENT

(1.) HEARD Shri V. Korgaonkar, the learned Counsel appearing for the petitioner. None for the respondent though served.

(2.) THE above petition challenges an order passed by the learned Civil Judge Senior Division, Margao dated 19/04/2011 whereby an application filed by the petitioner for an adjournment on the ground that their witness Shri Alex Fernandes was sick and was unable to attend the Court and further stating that the petitioner would take steps to appoint a Commissioner to examine such witness, was dismissed.

(3.) I have considered the submissions of the learned Counsel and have perused the records. The records reveal that on 4/12/2010 an application filed by the petitioner to issue summons to witness came to be allowed. Thereafter, the matter was fixed on 13/01/2011 when opportunity was given to the petitioner to take steps. The matter was thereafter adjourned at the instance of the petitioner on 5/02/2011 and 14/03/2011. The matter was thereafter posted on 19/04/2011 when the impugned order came to be passed. No doubt the records reveal that the petitioner has unduly delayed in examining the witnesses. Considering the records referred to herein above, the petitioner had also filed an application to issue summons to examine one witness. The witness who was intended to be examined on 19/04/2011 Shri Alex Fernandes was apparently sick. The respondent has not disputed the sickness of the said witness. The respondent also chose not to file any reply to the petition. The petitioner has stated at para 8 of the above petition the fact that the said witness is 69 years old and does not enjoy good health and is presently ailing at home. These facts have not been disputed by the respondent.