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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• CS(OS) 612/2001

MOTOR & GENERAL FINANCE LTD. ..... Plaintiff Through :Mr. Mohit Chaudhary, Mr. Gaurav Kumar and Ms. Damini, Advs.

versus

DURGA BUILDERS PVT. LTD. ..... Defendant Through :Mr. R.V. Sinha, Adv. for defendant no. 8/L&DO

CORAM: HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R % 08.12.2015

IA No. 25155/2015 (O 16 r/w Sec. 151 CPC filed by the plaintiff)

Evidence is being recorded by the Local Commissioner appointed by this Court. Plaintiff filed affidavit of PW Mr. Arun Mitter before the Local Commissioner, in his examination-in-chief. This was objected to by the defendant no. 2 on the pretext that his name was not mentioned in the list of witnesses, inasmuch as affidavit of PW Mr. Rajiv Gupta was filed earlier. It is submitted that Mr. Rajiv Gupta is indisposed and his treatment is going on, thus, cannot be produced in the witness box. Accordingly, in his place another officer Mr. Arun Mitter needs to be examined.

Learned counsel for the defendant no. 2 submits that affidavit of

another officer Mr. Sunil Wahal was also filed, thus, he ought to have been produced. Plaintiff's counsel submits that Mr. Sunil Wahal has since left the employment of plaintiff, thus, could not be produced.

In my view, in the above facts, plaintiff is justified in producing Mr. Arun Mitter as its witness. Application is allowed. Plaintiff is permitted to examine Mr. Arun Mitter as its witness.

CS(OS) 612/2001

Let parties appear before the Local Commissioner on 15th December, 2015 when Mr. Arun Mitter be produced in the witness box and be examined and cross-examined.

A.K. PATHAK, J.

DECEMBER 08, 2015 rb