Supreme Court: Right to Cross-Examine Survives Even If Written Statement Is Not Filed
The Supreme Court held that the mandatory 120-day period for filing a written statement in a commercial suit was extended by its COVID-19 limitation orders. Crucially, it ruled that even if a written statement is not filed, the defendant’s fundamental right to cross-examine the plaintiff’s witnesses is not forfeited, as procedural rules must serve substantive justice.
Facts Of The Case:
In 2019, M/s Anvita Auto Tech Works Pvt. Ltd. appointed M/s Aroush Motors as a dealer for CFMOTO motorcycles. The plaintiff invested significant sums in security deposits, showroom setup, and initial stock. The business was disrupted when a government ban on BS-IV vehicles took effect in April 2020, and the defendant failed to supply promised upgrade kits. Consequently, the plaintiff terminated the dealer...
