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    Appln Cross DW1

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    varsha
    The Defendant No. 3 has filed an application requesting permission to cross-examine the Defendant Witness No. 1. The Defendant No. 3 argues that cross-examining the witness is crucial to establish the liability of the insurer (Defendant No. 1) for insuring the vehicle involved in an accident that caused a death. Allowing the cross-examination would cause no prejudice to other parties but denying it would cause irreversible loss and hardship to Defendant No. 3. The Defendant No. 3 therefore requests the court grant its application in the interests of justice and equity.

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    Appln Cross DW1

    Uploaded by

    varsha
    21 views2 pages
    The Defendant No. 3 has filed an application requesting permission to cross-examine the Defendant Witness No. 1. The Defendant No. 3 argues that cross-examining the witness is crucial to establish the liability of the insurer (Defendant No. 1) for insuring the vehicle involved in an accident that caused a death. Allowing the cross-examination would cause no prejudice to other parties but denying it would cause irreversible loss and hardship to Defendant No. 3. The Defendant No. 3 therefore requests the court grant its application in the interests of justice and equity.

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    Appln_Cross_DW1

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    The Defendant No. 3 has filed an application requesting permission to cross-examine the Defendant Witness No. 1. The Defendant No. 3 argues that cross-examining the witness is crucial to establish the liability of the insurer (Defendant No. 1) for insuring the vehicle involved in an accident that caused a death. Allowing the cross-examination would cause no prejudice to other parties but denying it would cause irreversible loss and hardship to Defendant No. 3. The Defendant No. 3 therefore requests the court grant its application in the interests of justice and equity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    21 views2 pages

    Appln Cross DW1

    Uploaded by

    varsha
    The Defendant No. 3 has filed an application requesting permission to cross-examine the Defendant Witness No. 1. The Defendant No. 3 argues that cross-examining the witness is crucial to establish the liability of the insurer (Defendant No. 1) for insuring the vehicle involved in an accident that caused a death. Allowing the cross-examination would cause no prejudice to other parties but denying it would cause irreversible loss and hardship to Defendant No. 3. The Defendant No. 3 therefore requests the court grant its application in the interests of justice and equity.

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    © All Rights Reserved
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    of 2

    IN THE COURT OF THE HON’BLE PRINCIPAL CITY CIVIL AND

    SESSIONS JUDGE AT BENGALURU


    I.A. NO. / 2018
    IN
    O.S. NO. 7755 OF 2012
    BETWEEN

    BANK OF INDIA …………PLAINTIFF

    AND
    M/S ICICI LOMBARD GENERAL INSURANCE
    CO. LTD & ORS …………DEFENDANTS

    APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL


    PROCEDURE FILED ON BEHALF OF DW2

    For the reasons stated in the accompanying Memorandum of Facts, the counsel
    for the Defendant No.3 most respectfully prays that this Hon’ble Court be
    pleased to allow the Defendant No.3 to cross examine the Defendant Witness
    No.1, in the interest of justice and equity.

    Dated: 16.07.2018

    Bangalore Advocate for Defendant No.3


    IN THE COURT OF THE HON’BLE PRINCIPAL CITY CIVIL AND
    SESSIONS JUDGE AT BENGALURU
    I.A. NO. / 2018
    IN
    O.S. NO. 7755 OF 2012
    BANK OF INDIA …………PLAINTIFF

    AND
    M/S ICICI LOMBARD GENERAL INSURANCE
    CO. LTD & ORS …………DEFENDANTS

    MEMORANDUM OF FACTS

    I, Shiva K.V, Advocate for the Defendant No.3 do hereby submit as follows;

    1. I submit that I am the counsel appearing for the Defendant No.3 and am
    acquainted with the facts leading up to this case.

    2. I submit that the Defendant No.1 witness was cross examined by the
    Plaintiff counsel on 06.07.2018. We have gone through the cross
    examination of the Defendant No.1 witness done by the Plaintiff counsel
    in detail.

    3. I submit that on behalf of the Defendant No.3, we want to cross examine


    the Defendant no.1 witness to establish their liability as the insurer of the
    vehicle that met with an accident and caused the untimely demise of the
    owner of the vehicle. I submit that it is crucial for the Defendant no.3 to
    establish the liability as narrated supra.
    4. I further submit that if the accompanying application is not allowed, the
    Defendant No.3 would be put to irreversible loss and hardship whereas no
    prejudice would be caused to the Plaintiff or the other Defendants if the
    application is allowed.

    In view of the above, I most respectfully pray that this Hon’ble Court be pleased
    to allow the accompanying application as prayed for in the interest of justice and
    equity.

    Dated: 16.07.2018

    Bangalore Advocate for Defendant No.3

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