Interim Order 3

Order Details: Other
Pdf Text: CSS No. 100066/ 2020 B K Infotech – Maharashtra Exh. 1 / 3
Cross-examination of plaintiff witness Ranjit Bhake on oath by
Advocate Mangesh Nalawade, for defendant.
Plaintiff counsel Indrakumar Lahoti present.
1) I am educated in B. E. Civil. I obtained said degree from
Nagpur University. I completed my B. E. in 1991. My experience
in Civil Engineering is from 1991 till date.
2) On behalf of the plaintiff company, I submitted the bid
offer in the capacity of director. Before submitting the tender I
had inspected site. True to say that, project was to be completed in
7 months. There are three directors in plaintiff company. I joined
plaintiff company on 02.08.2006. During 2013 to 2015 I must be
handling about 3 to 5 sites. I am not sure about it.
3) The plaint is verified by me as a director of plaintiff
company. I cant say whether I have filed Board Resolution
regarding my authorization. Not true to say that, the plaintiff
company has not authorized me to file the plaint.
4) In the year 2014 the name of company B K Infratech
Pvt. Ltd. changed to Namasthethu Infratech Pvt. Ltd. It was mere
name change. Not true to say that, in the year 2014, B K was dead
entity. Not true to say that, all assets and liabilities were
transferred to Namasthethu. Not true to say that, B K Infratech do
not have any legal sanctity.
5) Not true to say that, under the contract I was expected to
anticipate all the future hurdles. Not true to say that, I was unable
to procure sand and cement and hence it delayed the project. Not
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CSS No. 100066/ 2020 B K Infotech – Maharashtra Exh. 2 / 3
true to say that, I failed to deploy sufficient men and material. Not
true to say that, I failed to follow the program chart. I had
submitted program chart on 18.05.2013. There is no delay in
submitting the program chart.
6) Not true to say that, the work was to commence from
01.04.2013. Witness volunteers that, work was to commence from
26.04.2013. Not true to say that, I failed to comply the contract
within time. Not true to say that, I failed to submit running
account bills (R.A. Bills). Not true to say that, I have not filed RA
Bills on record.
7) Not true to say that, site was never water logged. Not
true to say that, I was duty bound to tackle objection of shop
keeper. Not true to say that, Issues of Mr. Tiwari was to be dealt
by plaintiff. Not true to say that, plaintiff lacked sufficient funds.
True to say that, as per the contract, the work was to be completed
on or before 25.11.2013. True to say that, work was actually
completed on 30.06.2015. True to say that, this delay was of 582
days.
8) In paragraph no.7 of my evidence affidavit, I have stated
that, the defendant had not made the other work fronts available to
me. Not true to say that, this is false statement.
9) I do not remember the exact date, on which the
construction of compound wall started. True to say that, in
paragraph no.24 of the plaint, I stated that, the work of compound
wall started on 29.09.2013. True to say that, in paragraph no.14 of
my evidence affidavit at Exh.13, I had stated that, the compound
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wall work commenced on 29.11.2013. Not true to say that, I have
made false statement.
10) Not true to say that, every contractor has to maintain
Work Order book. Not true to say that, I had deliberately not
maintained the Work Order book. Not true to say that, I have
given false excuses. Not true to say that, I lack experience in
construction work. Not true to say that, the delay occurred from
my side. Not true to say that, I lacked knowledge, expertise, funds
and hence there was delay. Not true to say that, defendant had
rightly with held the amounts. Not true to say that, I making false
claim regarding personal visit to the defendant.
11) Not true to say that, as per the contract, it was my duty
to shift hoardings, trees and underground cables. Not true to say
that, I have filed false case. Not true to say that, I was at fault. NOt
true to say that, to extract the money. I have filed false case. Not
true to say that, I have no authority to file the suit and to depose in
the suit. Not true to say that, the suit is time bard. Not true to say
that, I am deposing false.
Cross-examination is Over :
Re-examination : Declined
ROAC
Mumbai
Dated : 09.08.2024
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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