1. MA.208/2026: This Miscellaneous Application has been preferred by the original petitioner seeking withdrawal of the affidavit which has been filed by the original petitioner as an examination-in-chief on behalf of the one of the witnesses of the petitioner (who is one of the partners of the petitioner). It is also prayed by the learned counsel for the petitioner that petitioner may be permitted to file further affidavit of another witness as an examination-in-chief who is also a partner of the petitioner.

2. Withdrawal of the evidence is being objected by the learned counsel for respondent.  Nonetheless, it is submitted by the learned counsel for respondent  that any new evidence is to be given by the petitioner, the same can always be permitted.

3. In view of this submission and looking to facts and circumstances of the case, we see no reason to allow the petitioner to withdraw the evidence which is already on record by the way of in an affidavit as an examination-in-chief on behalf of the witness of the petitioner.

4. Liberty is reserved with the petitioner to file an affidavit as examination-in-chief on behalf of their further witness(es).

5. Any person who has filed an affidavit as examination-in-chief must be presented before Registrar of this Tribunal for cross-examination.

6. With the aforesaid observation MA 208/2026 is hereby disposed of. 

7. BP 102/2023 shall be listed before Court of Registrar for placing on record the affidavit as an  examination-in-chief on behalf of any of the witness(es) of the petitioner as well as for the cross-examination of those witness(es) on 30.10.2026.