The Delhi High Court has granted a final opportunity to a defendant to cross-examine the plaintiff’s witness (PW1), despite upholding the trial court’s earlier decision to close the right of cross-examination. Justice Girish Kathpalia passed the order based on the consent of the parties, imposing strict conditions requiring the petitioner to bear the travel and accommodation expenses of the witness.
Case Background
The matter came before the High Court through a petition filed by Decore Exxoils Pvt Ltd (Petitioner/Defendant) challenging the order dated 21.08.2025 passed by the learned trial court. By way of the impugned order, the trial court had closed the petitioner’s right to cross-examine PW1. Aggrieved by this closure, the petitioner approached the High Court seeking relief.
Arguments and Court’s Observations
During the proceedings, the single-judge bench of Justice Girish Kathpalia observed that there was “no infirmity in the impugned order” passed by the trial court. However, the counsel for the Respondent/Plaintiff, Mr. Jeffrey Moore, expressed willingness to grant one final concession solely to ensure the “expeditious disposal of the suit.”
The respondent’s counsel submitted that they were agreeable to granting “one and only one opportunity to the petitioner/defendant to conclude cross-examination of PW1,” provided that the witness is compensated for the expenses incurred. Specifically, the condition set forth was that PW1 must be paid the total amount of return airfare for two dates and hotel stay expenses for a total of four days in advance.
The Decision and Directions
Recording the consent of both sides, the High Court disposed of the petition with specific directions to facilitate the cross-examination while safeguarding the financial interests of the witness.
Justice Kathpalia directed the following:
- Appearance: Both parties are directed to appear before the learned trial court on 17.12.2025 at 02:00 pm. The trial court will then fix a date convenient to it for recording the remaining cross-examination.
- Submission of Bills: The counsel for the respondent/plaintiff must deliver copies of the return air tickets and hotel bills for the witness’s previous visit dated 18.10.2024 to the petitioner’s counsel on or before 20.12.2025.
- Payment of Costs: On or before 25.12.2025, the counsel for the petitioner/defendant is required to transmit the amount for:
- Return air tickets for the date 21.08.2025 (when PW1 had appeared).
- Return air tickets for the next date of cross-examination.
- These amounts are to be calculated based on the cost of tickets booked for the visit on 18.10.2024.
- Accommodation Expenses: The Court specified that “the hotel bills to be borne by the petitioner/defendant shall be only for one night-two days each for the visit dated 21.08.2025 and for the next visit of PW1.”
The Court clarified that this is “one and only one opportunity” granted to the petitioner. The petition and accompanying applications were disposed of in terms of the mutual consent.
Case Details:
- Case Title: Decore Exxoils Pvt Ltd vs. Mr. Jeffrey Moore
- Case Number: CM(M) 2410/2025
- Coram: Justice Girish Kathpalia
- Petitioner Counsel: Mr. Shivek Trehan and Mr. Ishaan Kumar
- Respondent Counsel: Mr. Mayank Maini and Mr. Biman Sethi
