Cross-examination of the Defendant’s witnesses DW1 through DW4 was concluded in 2021, after commencing in February 2021.
The Hon’ble Justice Gautam Patel has set dates for the final arguments in the suit, which will be held before him in a special session only for this matter from from 28 November 2022 to 23 December 2022 on a day-to-day basis. No adjournments will be possible, and it will not be possible to extend the time for arguments.
The Hon’ble Justice Gautam Patel has listed the matter on 17, 18, and 19 October 2022 to pass orders on objections, marking of documents in evidence, and other matters.
The Defendant led the evidence of 13 witnesses. Cross-examination of the first witness began in February 2021 and cross-examination of the last witness concluded on 30 August 2022.
Syedna Fakhruddin Saheb TUS’ cross-examination continues, with the Hon’ble Justice Gautam Patel allocating 22 days for cross-examination in between 8th January and 30th November 2018.
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The cross-examination of the Defendant’s second witness, Dr. John Costello, a consultant respiratory medicine physician, concluded on 31 March 2021, with 42 questions being asked over two sessions.
The cross-examination of the Defendant’s first witness, Dr. Omar Malik, a consultant neurologist, began on 2nd February 2021, with Mr. Anand Desai of DSK Legal, on behalf of the Plaintiff, conducting the cross-examination. Due to the Covid pandemic, Dr. Malik was unable to travel to Mumbai and the Hon’ble Bombay High Court set up a video link for his cross-examination at the International Dispute Resolution Centre (IDRC) in London. The cross-examination spanned three half-day sessions, with 118 questions asked, and ended on 4th February 2021.
Dr. Omar Malik submitted his affidavit of evidence in March 2020. His cross-examination was originally scheduled for 22nd April 2020 but was postponed due to the COVID-19 situation.
With the cross-examination of Mukasir-e-Dawat Dr. Syedi Husain Bhaisaheb Burhanuddin Saheb AAB concluded after 7 days of cross-examination, the Plaintiff has now closed his case, and the Defendant’s witnesses will now lead their evidence. The Defendant’s Counsel informed the Hon’ble Court that the Defendant will not be giving his own evidence as a witness, and the Defendant’s first witness will be Dr. Omar Malik, a neurologist who was amongst the doctors who treated the 52nd Dai in the hospital in London when the 52nd Dai suffered a stroke.
The Plaintiff’s last witness, Mukasir-e-Dawat Dr. Syedi Husain Bhaisaheb Burhanuddin Saheb AAB, PhD in Quranic Studies from the University of Cambridge, who has translated documents in the Arabic and Lisan-ud-Dawat languages into the English language, cross-examination commenced.