Interim Order 3

Order Details: Order below exhibit
Pdf Text: 1 OBE 33 in Comm. Suit 722/2021
ORDER BELOW EXHIBIT 33
IN
COMMERCIAL SUIT NO. 722 of 2021
Premium Transmission Private Limited ...Plaintiff
Versus
Gactel Turkey Projects Limited ….Defendant
Appearance:
Adv. Mr. Amit Singh for Plaintiff.
Adv. Mr. Ramesh Sahu for Defendant.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 10h DECEMBER 2022
ORDER
This is an application filed by the plaintiff praying that the
Additional Affidavit of Mr. Anup Mate along with additional documents
be taken on record. According to the plaintiff, the defendant has duly
received the goods supplied by the plaintiff and the plaintiff raised
invoices. The defendant has denied the receipt of goods supplied and
therefore these documents are material. The plaintiff could not file
these documents along with affidavit of evidence due to inadvertence.
Now, the plaintiff wants to file additional affidavit of Mr. Anup Mate
along with additional documents. If the plaintiff is not permitted to file
additional affidavit, grave prejudice will be caused to the plaintiff.
Hence, the plaintiff prayed that he may be permitted to file additional
affidavit of Mr. Anup Mate along with additional documents. The
defendant filed say below this application and resisted the application
on the ground that the liability has not been admitted and the alleged
claim not being in pursuance of the invoices. There is no proof of
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2 OBE 33 in Comm. Suit 722/2021
delivery of the goods and acknowledgments. The documents which
were produced or filed, the copies are not clear. There is no proof of the
delivery of goods. Hence, the defendant objected for filing additional
affidavit.
2. Heard Learned Advocate Mr. Amit Singh for Plaintiff and
Learned Advocate Mr. Ramesh Sahu for Defendant.
3. Perused the contents of the application and say filed by the
defendant. By this application, the plaintiff wants to file additional
affidavit of Mr. Anup Mate along with additional documents on record.
It appears that the additional affidavit of examinationinchief at
Exh.12A is already read and recorded on 23.08.2022. In my view,
merely by filing additional affidavit of examinationinchief, no
prejudice will be caused to the defendant. The defendant can get an
opportunity for crossexamination of the witness. Hence, it is necessary
to permit the plaintiff to file additional affidavit. It is material to note
that the crossexamination of the plaintiff is not yet commenced.
Therefore, it is necessary to grant permission to the plaintiff to file
additional affidavit.
4. The plaintiff submitted that he could not file the documents
along his affidavit, due to inadvertence. The plaintiff has not annexed
the documents along with plaint. The plaint does not contain any
declaration on oath from the plaintiff that all the documents in his
power, possession or custody pertaining to the facts and circumstances
of the proceedings have been disclosed and copy thereof annexed with
the plaint and the plaintiff does not have any other document in his
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power, possession and custody. The plaintiff has not mentioned any
ground in his application as to why he has not produced these
documents along with the plaint. The plaintiff shall not be allowed to
rely on the documents, which were in his custody and not disclosed
along with the plaint. There is no reasonable cause for non declaration
of the said document along with the plaint. Therefore, I am of the view
that it is not proper to allow the plaintiff to file additional documents
along with affidavit. Hence, the application needs to be partly allowed.
Hence, I pass the following order :
ORDER
1) The application at Exh. 33 in Commercial Suit No. 722 of
2021 is partly allowed.
2) The plaintiff is permitted to file additional affidavit of Mr.
Anup Mate.
3) Prayer of the plaintiff for filing additional document
stands rejected.
4) Order accordingly.
Dated : 10.12.2022 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 10.12.2022
Typed on : 12.12.2022
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4 OBE 33 in Comm. Suit 722/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
13.12.2022 3.45 p.m. Prachi Y. Potdar
Stenographer Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
10.12.2022
Judgment/order signed by P.O on 13.12.2022
Judgment/order uploaded on 13.12.2022
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