Interim Order 3

Order Details: Other
Pdf Text: 23
04.10.2024 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.3
Commercial
Suit No.
100241/2019
Krishna Trading Company Vs Mr. Rajesh Mehra
Adv. Mahesh Karule present for plaintiff.
Adv. A S Lokhande present for defendant.
Suit is kept back for arguments.
Later on at 12.56 Hrs.
Adv. Mahesh Karule present for plaintiff.
Adv. A S Lokhande present for defendant.
Heard both sides on application at Exh.117.
Through Application at Exh. 117, plaintiff has objected
recording of evidence of defendant witness, through VC.
Perused Record.
Heard the Learned Counsels.
On 10.08.2023, plaintiff filed pursis (Exh.110) and closed
the evidence. As thereafter, defendant failed to lead
evidence, this Court, vide Order Dt. 09.11.2023, closed
the evidence of defendant.
Thereafter, on 24.01.2024, defendant preferred Notice of
Motion No. 100486 / 2024, and sought re-opening of its
evidence.
Said Notice of Motion was allowed on 23.02.2024. As the
witness was carrying his business from Varanasi,
permission was granted to him to depose through VC.
On 03.04.2024, plaintiff filed the application at Exh. 117
and opposed recording of evidence of defendant through
VC, on following grounds -
- Evidence affidavit of defendant witness is without
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04.10.2024
Sr. No.3
Commercial
Suit No.
100241/2019
verification, identification and affirmation.
- Defendant is not Proprietor of Chandni Tex i.e. the
defendant firm.
- Defendant is suppressing his identity.
Defendant has opposed the application at Exh. 117.
Considering the fact that, defendant witness is residing /
carrying business at Varanasi and it will cause hardship to
him to travel Mumbai, hence this Court has permitted the
defendant to depose through online.
However, considering the fact that, plaintiff is challenging
the identity as well as authority of defendant witness, then
in that backdrop, it would be proper that, the witness is
directed to remain physically present in the Court Hall to
depose. Thereafter, if the evidence is to be adjourned,
then the witness can be permitted to depose through VC.
Hence, following Order is passed :
ORDER
1. Application at Exh. 117 is partly allowed.
2. Defendant witness Rajesh Mehra to remain physically
present in the Court Hall of this Court, for recording of
his evidence.
3. Order dictated and pronounced in open Court.
Suit adjourned to 11.10.2024 for evidence.
Judge
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