Final Order 3

Order Details: Other
Pdf Text: 21
07.10.2024 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.54
Commercial
Suit No.
100008/2019
Exh.12
Zale Shipping and Logistics Vs M/s. Samarth Impex
Plaintiff side called, but absent.
Adv. M M Pawar present for defendant.
Heard defendant on Exh.11.
Through said applications, filed on 28.02.2024, defendant
is seeking production of document from plaintiff.
Till date, plaintiff has not filed reply to said application at
Exh.11. Hence, following Order is passed.
Order-
1. Application at Exh.11 is filed.
2. Defendant is at liberty to raise its defenses of non
production of documents, during cross-examination of
plaintiff witness.
3. Accordingly, parties will be at liberty to draw
inferences and adverse inference, if any.
Till date, parties have not filed admission and denial.
Hence, issues are being framed.
Exh.12- Issues and Case Management Hearing Order.
Case Management Hearing
Issues are framed today. Accordingly, Order
regarding Case Management Hearing is passed -
1) Parties to submit list of witnesses by next date.
2) After submitting list of witnesses, Plaintiff, within
next 15 days, shall file evidence-affidavits of all
witnesses.
3) Thereafter, within next 60 days, plaintiff and
defendants to conclude examination-in-chief and
cross examination of all witnesses from plaintiff
side.
4) Thereafter, within next 15 days, defendant shall file
evidence affidavit of his witnesses, if any.
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07.10.2024
Sr. No.54
Commercial
Suit No.
100008/2019
5) Thereafter, within next 60 days, plaintiff and
defendants to conclude examination-in-chief and
cross examination of all witnesses from defendant
side.
6) Thereafter, parties shall conclude their arguments
within 30 days.
7) All parties to note, if they failed to comply this
Order of Case Management Hearing, consequences
provided in Order XV-A Rule (8) will follow.
Immediately after issues are framed and Case
Management Hearing Order is passed, Adv. Gaurav
Nyayanit appeared for plaintiff.
Parties to take steps regarding evidence.
Suit adjourned to 22.11.2024 for evidence.
Judge
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