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2020 DIGILAW 1395 (KAR)

Anheuser Busch Inbev India Limited v. Mysore Sales International Limited

2020-07-13

P.B.BAJANTHRI

body2020
ORDER : 1. Though this matter is listed for hearing on I.A. for vacating interim order, with consent of learned counsel for the parties, matter is taken up for final disposal. 2. The petitioner has questioned the order dated 04.06.2019 passed by LXXXII ACCJ, Bangalore (CCH-83) in Commercial O.S. No.5387/2011. 3. Learned Counsel for the petitioner submitted that even though on behalf of petitioner sought time for cross-examination of PW-3 in the aforesaid suit, for one or the other genuine reasons the Trial Court has not appreciated and proceeded to reject the request of the petitioner and passed the order on 04.06.2019. Thus, the present writ petition. 4. Per contra, learned counsel for the respondent vehemently opposed the relief sought in the present writ petition on the score that heavy stakes is involved in the matter for about sum of Rs.35.00 Crores. Despite sufficient opportunity was granted to the petitioner, the same has not been utilized by the petitioner for cross-examination of PW-3. The matter is prolonging at the behest of the petitioner and no interference is called for in respect of order dated 04.06.2019. 5. Heard the learned counsel for the parties. 6. Question for consideration in the present petition is "whether the order dated 04.06.2019 passed by LXXXII ACCJ, Bangalore (CCH-83) in Commercial O.S. No.5387/2011 is in order or not?" 7. No doubt, at the behest of the petitioner, matter was adjourned on three occasions for cross-examination of PW-3. The same has been taken into consideration by the Trial Court in rejecting the petitioner's grievance for granting adjournments. In order to give quietus to the litigation in the present matter, it is appropriate to give one more opportunity to the petitioner for cross-examining PW.3 on the next date of hearing. Further, parties are hereby directed to cooperate with the Trial Court in deciding Commercial O.S.No. 5387/2011. The Trial Court is hereby directed to make all endeavors to decide the aforesaid suit within a reasonable period of four months from the date of receipt of copy of this order. Parties are hereby directed to appear for further proceedings relating to cross-examination of P.W.3 on 23.07.2020. Accordingly, the writ petition stands allowed. Order dated 04.06.2019 passed by LXXXII ACCJ, Bangalore (CCH-83) in Commercial O.S. No.5387/2011 is set-aside. The Trial Court is hereby directed to permit PW.3 to appear before the Trial Court for cross-examination on the fixed date. 8. Parties are hereby directed to appear for further proceedings relating to cross-examination of P.W.3 on 23.07.2020. Accordingly, the writ petition stands allowed. Order dated 04.06.2019 passed by LXXXII ACCJ, Bangalore (CCH-83) in Commercial O.S. No.5387/2011 is set-aside. The Trial Court is hereby directed to permit PW.3 to appear before the Trial Court for cross-examination on the fixed date. 8. The petitioner has caused inconvenience to the respondent before the Trial Court, so also in presenting the present writ petition. Therefore, petitioner is hereby directed to pay litigation cost of Rs.25,000/- to the respondent within a period of four weeks from today. In view of disposal of main matter, I.A. No. 1/2020 stands disposed of.