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The Calcutta High Court imposed a cost of Rs. 20,000/- on a defendant for unnecessarily delaying the trial in a commercial suit. In Pioneer Property Management Ltd. v. Amazon Sellers Services Private Limited & Anr., defendant no.2 has prayed for time since his witness is not in a position to come to Court for continuing the cross-examination which had commenced around in February 2020. It was submitted that the witness was not willing to take the risk of travel because of the Covid-19 pandemic and it was requested that the matter be taken in February 2021. On 7th December 2020, the order was passed to hear the matter on 11th January 2021.
As per the order of 7th December, there was no such ground of inconvenience taken by defendant no.2, and it was also not clear to the court as to how allowing two weeks will encourage the witness to travel amid the pandemic for cross-examination. Since the pandemic, many of the court hearings have been working through video conferencing. Since it was submitted that the advocate-on-record is not in a position to prevail upon the witness to continue with the cross-examination, the matter was adjourned till 2nd February 2021.
The advocates for the plaintiff are Advocate Mrs. Suparna Mukherjee, Advocate Mr. Abhijit Sarkar, Advocate Mr. Sankarsan Sarkar, and Advocate Mr. Ratul Das. The advocate for defendant no 2 is Advocate Mr. Kushagra Shah and Advocate Mr. Malay Kr Ghosh for defendant no 1.
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