Extracted from the PDF above. The PDF is authoritative.
2026:HHC:37608 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision
No. : 123 of 2026 Decided on : 3
rd September, 2026 M/s Nest and Wings Holidays …Petitioner Versus Punjab National Bank & Another …Respondents Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Praveen Sharma, Advocate. For the respondents : Mr. Prantap Sharma, Advocate, for respondent No.1. Virender Singh, Judge (Oral) By way of the present petition, a prayer has been made to set aside the order dated 10.6.2025, passed by the Court of learned Civil Judge, Court No.IV, Shimla (hereinafter referred to as ‘the trial Court’), in CMA No. 926 of 2025, filed in Civil Suit No.122 of 2022, titled as ‘Punjab National Bank versus M/s Nest and Wings Holidays & Another’. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:37608
2. By way of order dated 10.06.2025, the learned trial Court has dismissed the application, filed under Order 18 Rule 17 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), moved by the defendants. 3. Parties to the lis, are hereinafter referred to, in the same manner, in which, they were referred to, by the learned trial Court. 4. Perusal of the record shows that on 19.12.2023, when the case was listed for PWs, plaintiff Bank has examined Sheetal Dilta, Branch Manager, who was crossexamined by defendant No.2, however, a request has been made to defer the crossexamination on behalf of defendant No.1, by making the request to take up the matter after lunch. The said request was considered and allowed and the matter was ordered to be taken up after lunch. 5. When, the case was again taken up, instead of crossexamining the plaintiff’s witness, a request for adjournment was made to defer the cross examination, which was considered by the learned trial Court and rejected, by
3 2026:HHC:37608 passing the order to close the opportunity of defendant No.1 to crossexamine the witness. 6. Thereafter, defendant No.1, had moved an application, under Order 18 Rule 17 of the CPC, in which, a prayer has been made to recall the witness; namely Sheetal Dilta and to permit defendant No.1 to crossexamine the said witness. 7. The said application was contested by the non applicant.
In the said application, reason for non cross examination of the plaintiff’s witness has been mentioned that the counsel representing defendant No.1, remained busy, in the Court of learned Civil Judge, Arki, District Solan, till 3.45 p.m. In order to support the said contention, affidavit of learned counsel representing defendant No.1, has also been filed, along with the application. 8. Considering the above facts, this Court is of the view that the present petition is liable to be accepted, as, to the considered opinion of this Court, one opportunity to cross examine the witness should have been given to defendant No.1. 4 2026:HHC:37608
9. Consequently, the present petition is allowed and the order dated 10.06.2025, is set aside. The plaintiff’s witness Ms. Sheetal Dilta, is directed to be present before the learned trial Court on 18th September, 2026, at 10.00 a.m., for cross examination on behalf of defendant No.1. 10. It is clarified that no further adjournment for crossexamination of the said witness shall be given to defendant No.1. 11. Parties to the lis are directed to appear before the learned trial Court on 10th September, 2026. 12. Pending miscellaneous application(s), if any, shall also stand disposed of. ( Virender Singh ) September 3, 2026( ps ) Judge