BHAVESH PRAVEEN CHAND WADHANA Vs. RANJIT BUILDCON LIMITED

JUDGEMENT

(1.) By way of the present writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dtd. 29/5/2018 and the subsequent order dtd. 12/2/2019 passed by the learned Commercial Court, Jaipur and Udaipur respectively in the petitioner's suit.

(2.) The facts relevant for the controversy involved in the present writ petition are that the plaintiff-petitioner instituted a suit for recovery against the defendant-respondent before the District Judge, Udaipur, which was later on transferred to Commercial Court, Jaipur in view of the provisions of Commercial Court Act, 2015.

(3.) When the matter was at the stage of plaintiff's evidence and petitioner was being cross-examined, the Commercial Court, Jaipur, required him to produce bank statement and TDS etc., for the period 2005-2010 for which he sought time. According to the petitioner, he tried to procure those documents from his Chartered Accountant for which he could not get his cross-examination complete. The Commercial Court, Jaipur on 27/3/2018 granted last opportunity to the petitioner for completion of his evidence and the matter was posted on 29/5/2018, subject to payment of cost of Rs.10,000.00.