Order 2

Order Details: Order below exhibit
Pdf Text: CS No. 100066 / 2020
B K Infratech - MADC
Order (Exh.84) 1 of 2
Commercial Suit No.100066 / 2020
B K Infratech Vs. Maharashtra Airport
MHCC010002902020
Exhibit No. 84
City Civil & Sessions Court, Mazgaon, Greater Mumbai
Court Room No. 31 – Commercial Court
(Additional District Judge : Vijay S. Hingne, LL. M.)
Order below Exhibit 84
(Delivered on this 17th Day of January, 2024)
Defendant has taken out this application for striking off
Para Nos. 5, 7, 9, 12, 19 and 21 from evidence-affidavit of
plaintiff’s witness Ranjit Bhake.
2. Perused Record. Heard Adv. Sumi Soman for plaintiff.
Heard Adv. Asmita Rajbhar for defendant.
Factual Matrix behind application is as follows :
3. Plaintiff contended that, he has provided Project
Management Consultation to defendant, for which fees is due.
Hence, plaintiff preferred Commercial Suit No. 100066 / 2020,
for recovery of . 26,05,593.21/- with future interest @ 18 % p.a.	₹
4. Perusal shows, defendant filed Written Statement on
07.10.2020. Issues are framed by my Learned Predecessor on
01.02.2021. Plaintiff’s witness Ranjit Bhake filed his evidence-
affidavit at Exh. 13 on
08.11.2021. Thereafter, documents were
allotted Exhibit marks on 17.04.2023. Since then, Suit is pending
for cross-examination of plaintiff’s witness.
5. It is on
14.09.2023, defendant preferred present
application (Exh. 84) contending that, Para Nos. 5, 7, 9, 12, 19
and 21 of evidence-affidavit of plaintiff’s witness Ranjit Bhake,
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CS No. 100066 / 2020
B K Infratech - MADC
Order (Exh.84) 2 of 2
are beyond the pleadings and hence they needs to be strike off.
Vide reply at Exh. 85 Dt. 27.10.2023, plaintiff has
opposed said application.
Conclusion :
6. As to whether particular paragraphs from evidence-
affidavit are in consonance with pleadings or are beyond
pleadings, can be ascertained only on the strength of cross-
examination of plaintiff’s witness. On the strength of said cross-
examination, defendant can argue at the time of final arguments,
as to how the Paragraphs are improvements. Thereafter, it is
possible for the Court to consider, whether the aforesaid
paragraphs are beyond pleadings or in consonance with the
pleadings. As, defendant is at liberty to raise his contentions at
appropriate time, during the trial, the present application cannot
be considered at this time. Hence, following Order is passed :
ORDER
1. Application at Exh. 84 is filed.
2. Suit is pending for cross-examination.
3. Parties to expedite 24.01.2024 for cross-
examination.
Mumbai
Dated : 17.01.2024 (Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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