Delhi High Court Grants Limited Opportunity for Cross-Examination in Decore Exxoils Case

Court imposes strict conditions including reimbursement of travel and stay expenses for witness re-examination.

In a significant decision, the Delhi High Court, presided over by Justice Girish Kathpalia, has granted Decore Exxoils Pvt Ltd. a singular opportunity to conclude the cross-examination of the plaintiff's witness, Mr. Jeffrey Moore, in an ongoing civil suit. This decision comes after the trial court had previously closed the cross-examination of Mr. Moore, a move that was contested by the petitioner.

The High Court's judgment was guided by the aim of ensuring the expeditious disposal of the suit while maintaining fairness in the trial process. The decision was made with the agreement of both parties, reflecting a collaborative approach to resolving procedural issues that could otherwise delay the trial.

The judgment imposes specific conditions to facilitate this opportunity. Decore Exxoils Pvt Ltd., the petitioner, is required to reimburse the travel and accommodation expenses of Mr. Moore in advance. This includes the cost of return airfare for two separate occasions and hotel stay expenses for a total of four days. These financial commitments are to be settled through counsel, ensuring a smooth logistical arrangement for the witness's participation.

The High Court has delineated a clear timeline for compliance with these conditions. Both parties are scheduled to appear before the trial court on December 17, 2025, at 2:00 pm, where a date for the continuation of the cross-examination will be set. The respondent's counsel is tasked with delivering copies of the relevant travel and accommodation receipts to the petitioner's counsel by December 20, 2025. Subsequently, the petitioner must make the necessary payments by December 25, 2025, based on the costs incurred during Mr. Moore's previous visit in October 2024.

This decision underscores the court's commitment to ensuring that procedural fairness is upheld while also advancing the case towards a resolution. The judgment reflects a balanced approach to judicial administration, where the rights of both parties are respected, and the integrity of the judicial process is maintained.

Bottom Line:

Grant of one and only one opportunity to the petitioner/defendant to conclude cross-examination of PW1, subject to specific conditions including reimbursement of travel and stay expenses of PW1.

Statutory provision(s): Civil Procedure Code

Decore Exxoils Pvt Ltd. v. Mr. Jeffrey Moore, (Delhi) : Law Finder Doc Id # 2821408