Order 5

Order Details: Notice of Motion
Pdf Text: NM No. 1052 /2024
Infobip – Bhagyawan Order (Exh.39) 1 of 4
MHCC010043192024
City Civil and Sessions Court, Mazgaon Greater Mumbai
Court Room No. 31 – Commercial Court
Notice of Motion No. 1052 / 2024
in
Commercial Suit No. 41 / 2019
Infobip India Private Limited … Applicant
(Original Plaintiff)
IN THE MATTER BETWEEN
Infobip India Private Limited … Plaintiff
Vs.
Mr. Bhagyawan Manjarekar … Defendant
Appearances :
Plaintiff : Adv. Siddhant Pandita
Defendants : None present
CORAM : H. H. JUDGE PRASAD P. KULKARNI
COURT ROOM NO.31.
DATE : 08.07.2025
*************************************************************
ORDER
1. Plaintiff has taken out this Notice of Motion with a prayer to
allow plaintiff to file an affidavit of documents, leave to file compilation
of documents and documents i.e. Sr. No. 1 to 47 mentioned in table B
-- 1 of 4 --
NM No. 1052 /2024
Infobip – Bhagyawan Order (Exh.39) 2 of 4
at Paragraph 7 of accompanying affidavit may be exhibited. Defendant
despite of having opportunity not filed reply to Notice of Motion.
2. I have heard Advocate for plaintiff, who submits that
documents which were already tendered along with plaint are not
marked with exhibit numbers. So, Notice of Motion may be allowed and
plaintiff may be permitted to file compilation of documents and it may
be marked with exhibit numbers on the strength of affidavit of plaintiff’s
witness.
3. I have gone through record and proceeding. On the strength of
additional affidavit of Arpita Jadhav (Exh.16), documents i.e. Exh.19 to
38 were marked. However, as per plaintiff, document no. 1 to 47
mentioned in table B of supporting affidavit are not marked with
exhibit. I have gone through documents annexed with plaint. Those are
in fact photocopies of emails and invoices. So, unless original invoices
are produced on record, there would be no occasion for Court to mark it
with exhibit.
4. When it comes to copies of email, Certificate under Section
65(B) of the Indian Evidence Act is very much required. It is not known
what prevented plaintiff from pointing out to the then Presiding Officer
that documents which were not marked with exhibit number should
have been marked when further examination-in-chief was conducted.
Be that as it may, oral evidence of plaintiff speaks about these invoices
and copies of email.
5. For deciding suit on merit, an opportunity requires to be given
to plaintiff to put forth original documents on record by filing additional
-- 2 of 4 --
NM No. 1052 /2024
Infobip – Bhagyawan Order (Exh.39) 3 of 4
compilation of documents. Only when those are filed on record, it will
be decided whether those can be marked with exhibit numbers or not.
Keeping that point open, Notice of Motion is allowed to the extent of
prayer clause (a) and (b). Hence, order:
ORDER
1. Notice of Motion No. 1052 of 2024 is allowed in terms of
prayer clause (a) and (b) only.
2. So far as exhibiting documents as per prayer clause (c) is
concerned, that will be dealt with after production of
documents and subject to their admissibility.
3. Order is dictated and pronounced in Open Court.
4. Record of Notice of Motion No. 1052 / 2024 shall be part of
main Commercial Suit No. 41 / 2019.
Mumbai
Dated : 08.07.2025
(Prasad P. Kulkarni)
Judge, City Civil & Sessions Court,
Court Room No.31 - Commercial Court,
Mazgaon, Greater Mumbai
Dictated on : 08.07.2025
Transcribed on : 08.07.2025
Signed by HHJ on : 08.07.2025
-- 3 of 4 --
NM No. 1052 /2024
Infobip – Bhagyawan Order (Exh.39) 4 of 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
08.07.2025 5.35 p.m. Prachi Y. Potdar
Stenographer - Grade I
Name of the Judge HHJ Shri. Prasad. P. Kulkarni
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
08.07.2025
Judgment/order signed by P.O on 08.07.2025
Judgment/order uploaded on 08.07.2025
-- 4 of 4 --