NARMADA CEMENT CO LTD Vs. HOTEL NANDADEEP

JUDGEMENT

(1.) The revision petitioner's grievance is that he has been denied the opportunity to cross-examine the crucial witness, an expert, who had given evidence regarding the quality of cement supplied by the petitioner to the Respondent No. 1. The District & Sessions Judge had, in pursuance of the directions of the State Commission, appointed a local Court Commissioner at Sangli to take the evidence of the expert Dr. Krishnaswamy, Professor in Walchand Engineering College, Sangli, who had given a report of the quality of the cement after examining a few pieces of the cement slabs and cement powder which had gathered on the slabs. The petitioner appointed a local lawyer at Sangli to attend the routine work on his behalf before the local Commissioner. On the date fixed for the purpose of cross-examining the expert witness viz., the 8th November, 1990 no hearing could be held due to unavoidable absence of the expert

(2.) The local Commissioner announced on 8th November, that the fresh notice of hearing would be issued after 25 days. On the 15th November, 1990 he proponed the hearing to 25th November 1990 on the request of the expert witness that he would not be free from professional work from the 21st November, 1990 for the purpose of cross-examination.

(3.) The petitioner contends that the preponement was done by the local Commissioner arbitrarily and unilaterally by reversing his own order of 8th November, 1990 that the next date of hearing for examination of the expert would not be held before the expiry of 25 days from the 8th November, 1990.