Order 5

Order Details: Other
Pdf Text: 09/03/2026
Commercial
Suit
02/2021
Exh.38
Coram: H.H.J. SHRI. S. S. PATIL JUDGE, (C.R.No 32)
Parties are absent.
None present for plaintiff.
Adv. Shejal Ghadashi h/f Adv. Vinod Naik present for defendant
nos. 1 and 3.
Exh. 38 – Issues.
1.Does the plaintiff prove that MOU dt. 13.02.2018 executed
between plaintiff and defendant constitute valid contract ?
2.Does plaintiff prove that defendant is liable to pay
amount of Rs.41,14,496.60/- as per the MOU?
3.Does the plaintiff prove that defendants are liable to pay
amount of Rs.55,00,000/- as compensation and damages ?
4.Does the plaintiff prove that defendants are liable to pay
interest @ 24 % on the claim amount ?
5.Whether suit is barred by limitation ?
6.Whether suit is tenable in present form ?
7.Whether plaintiff is entitled to relief as claimed ?
8. Whether this court have jurisdiction to try the present
suit ?
9. Whether suit is bad for non-joinder of necessary party ?
10.What order, decree and costs ?
Judge
Case Management Hearing/ Schedule.
Business On or Before
Affidavit of evidence Plaintiff and defendant shall file
affidavits of evidence of all
witnesses on next date with list of
all witnesses.
Court commissioner for
Cross Examination
Cross-examination of witnesses to
be conducted through court
commissioner. Plaintiff and
defendant are directed to suggest
the name of any advocate having
typing skill till next date.
Cross- examination of
plaintiffs witness.
Cross examination of plaintiff’s
witnesses to be completed till end of
June, 2026.
Cross- examination of
defendant witness.
Cross examination of defendants
witnesses to be completed till end of
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July, 2026.
Arguments
Parties shall file the written
arguments with brief oral
submission till August 2026.
It is clarified that no adjournment shall be granted except
for cogent reasons and on payment of costs, strictly in accordance
with Order XV-A CPC.
Cross examination of witnesses once began shall be
conducted day to day.
Parties shall strictly adhere to the above timeline. Any
breach shall invite appropriate consequences as per law.
Matter is adj for affidavits of witnesses of both the parties to
30.04.2026.
Judge
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