IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.572 of 2023 Decided on: 17.06.2025 M/s Krish Steel Wire Rope Industries ...Petitioner Versus Rajesh Kumar ...Respondent Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Mr. Umesh Kanwar, Advocate. For the respondent: None. Satyen Vaidya, Judge(oral) Aggrieved against the order dated 03.04.2023, whereby the evidence of the petitioner herein was closed by learned trial Court by order of Court, the instant petition has been filed. 2. Notice was issued to the respondent. The respondent once appeared in person on 08.12.2023 and thereafter he has chosen not to appear on different adjourned dates. Even today, none has appeared for the respondent. 3. The grievance of the petitioner is that it had produced witness RW Vikas Seth on 10.11.2022 before learned trial Court and had filed his examination-in-chief by way of affidavit. The respondent had sought time for cross-examination of the witness, 2 which was allowed and the matter was adjourned to 22.12.2022. On the said date, again time was prayed on behalf of the respondent herein for cross-examination of the witness of the petitioner herein. The request of respondent was again allowed and the matter was adjourned to 3rd April, 2023. 4. On 03.04.2023, witness RW Vikas Seth could not appear and accordingly, the impugned order was passed. 5. It has been contended on behalf of the petitioner that witness Vikas Seth could not appear before learned trial Court on 03.04.2023 on account of his ailment. Copies of medical record in support of the contention have also been placed on record. 6. There is nothing to disbelieve the petitioner regarding ailment of the witness on relevant date i.e. 03.04.2023. On the basis of the material placed on record, the plea raised by the petitioner appears to be bonafide. Moreover, there is no contest to the instant petition and presumably the respondent has nothing to dispute the assertion made by the petitioner. 7. In result, the petition is allowed. Order dated 03.04.2023 is set aside. Learned trial Court is directed to afford the petitioner herein one more opportunity to produce RW Vikas Seth in the witness box for enabling the respondent herein to cross-examine the said witness. 3 8. Petition is accordingly disposed of along with pending application(s), if any. (Satyen Vaidya ) Judge 17th June, 2025 (vt)