Home Case Index All Cases Companies Law Companies Law + Tri Companies Law - 2016 (12) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 2 - Tri - Companies LawRejection of CFSL reports - difference between an 'expert' and a 'witness of fact' - Held that:- Placing non-reliance upon the expert's opinion is the final outcome of appreciation thereof in the light of other evidence, circumstances etc., to be done at the final stage of the matter. His report has no value as such without his oral evidence. There is no necessity of expressing an opinion about the reliability of the report at this stage and reject the same at the threshold. If it is done at this stage and the report is expunged from the record, the party in whose favour the opinion is expressed by the expert would be put to disadvantage. If at all the expert is examined by the opposite party to prove the contents of the report, then it is open to the petitioner to raise the same objections raised now, to demolish the reliability of the expert opinion and his evidence. We are, therefore, not impressed with the sustainability of the relief claimed in this petition.
|