Interim Order 5

Order Details: Other
Pdf Text: Commercial Suit 32 / 2021 Lodha v/s Atomberg Exh.17 1 / 2
Date : 27-03-2026
Further Examination in chief of plaintiff witness Mr. Paras Shah
resumed on oath by Adv. Amod Eklaspur a/w Adv. Yogesh Gaikwad
i/b Bhilwala and Co. for plaintiff.
In the presence of Adv. Chirag Mody a/w Adv. Yuvraj Singh a/w Adv.
Rishabh Nair i/b JSA Advocates and Solicitors for defendant
No.1 to 3.
Affidavit now shown to me bears my signature. Its contents are
true. It is already marked as Exh.17. Through List of Documents
at Exh.18. I have filed following documents. Same may be marked
with Exhibit numbers.
Exh.22 Board Resolution dt 24.01.2025.
Exh.23 Coy of Agreement dt 18.01.2018 (page No.6 to 17 of
Exh.18)
Exh.24 Copy of Extension Letter dt 27.07.2018 (page No.20
and 21)
Exh.25 Copy of Board Resolution dt 18.02.2019 (page
No.30 to 44 of Exh.18)
Exh.26 Minutes of Meeting dt 18.03.2019 (page No.46 to 48
of Exh.18).
Exh.27 Extract of document i.e Annexure A.
Exh.28 Copy of Notice dt 19.07.2019 (page No.54 to 57 of
Exh.18)
Exh.29 Reply by defendant’s advocate dt 01.08.2019 (page
No.58 to 60 of Exh.18)
Exh.30 Letter by plaintiff’s advocate dt. 26.08.2019 (page
No.61 to 63 of Exh.18)
Exh.31 Letter by defendant’s advocate dt 20.09.2019 (Page
No.64 of Exh.18)
Plaintiff filed copy of email at Sr. No.3, 4, 6, 12, 13, Copy of Extract
of Whatsapp Text at Sr. No.7 and Copy of LLP Master Data at Sr.
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Commercial Suit 32 / 2021 Lodha v/s Atomberg Exh.17 2 / 2
No.9. Plaintiff filed Certificate u/s 65-B of Indian Evidence Act vide
Exh.19 to prove these documents. However, the cryptic certificate is
not filed as per requirement of Indian Evidence Act to prove printout
of documents taken out from Computer or any other electronic
devise. So above referred documents are not marked with exhibit
numbers. Ld. Advocate for plaintiff undertake to file proper certificate
in prescribed format on next date. It being a curable defect, further
examination in chief is deferred till next date. Plaintiff is directed to
serve copy of Certificate on other side well in advance.
ROAC BEFORE ME
Mumbai
Dated : 27-03-2026.
(Prasad P. Kulkarni)
District Judge,
Court Room No.31 - Commercial
Court, City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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