SAMIR KUMAR GHOSH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated September, 2012, rejecting his application for allowing him to cross -examine the witness -Sujash Kumar Das, an Officer of the Bank, passed in P.T. Case No.5 of 2004 by Debts Recovery Tribunal, Ranchi.

(2.) IT has been stated that the said witness has filed affidavit in support of the plaintiff Bank, giving false and misleading statements. In order to test his veracity, it was necessary to cross -examine the said witness. For that purpose, the defendant filed application before the learned Debt Recovery Tribunal. By the impugned order, the said application has been rejected on the ground that cross -examination of the said witness is not required for the purpose he is sought to be cross -examined.

(3.) LEARNED Tribunal has prejudged the issue and has given prima facie finding on several facts. In the impugned order, he has observed that cross -examination of the said witness is not required for the purpose the witness is sought to be cross -examined. The said observation is wholly arbitrary and unjust. It has been submitted that the petitioner requires only one day for cross -examining the witness and he has no intention to delay the proceeding. By refusal of his payer, the petitioner has been put to serious prejudice. The order amounts to denial of justice to the petitioner.