Interim Order 11

Order Details: Other
Pdf Text: Commercial Suit 79/2019
Exh.56 1 / 2
Date : 03-07-2025
Cross examination of plaintiff witness PW-2 Rakesh Sharma
resumed on oath by Adv. Sanjay Bhojwani, for defendant onVC.
Adv. Arvind Giriraj on VC a/w Adv. Anjali Dhoot present for
plaintiff.
1. I have not filed my affidavit Exh.56 at behest of some one else.
It is not true that contains of my affidavit were written as instructed
by Pankaj Surekha. It is correct that I am not concerned with business
transaction I being an accountant. It is correct that I am not aware
how are orders are placed and executed. There is no one in our
company by name Sumeet Mahavariy. I do not have any document to
show that invoice Exh.33 was accepted by defendant. I am not
authorized to access email ID “etcpl1@hotmail.com”. Mr. Pankaj
Surekha – Board Director is authorized to access said email ID.
2. There is no document except Bill to show that rate of interest
would be 24% per annum and defendant agreed to make immediate
payment. I am aware that on 01.07.2016 defendant has sent an email
to company informing that invoice is wrong. I am not aware in that
email it was mentioned that invoice was wrongly sent to Maruti
Steel. I am not aware whether our company has replied that email or
not. My company has not raised any grievance in respect of so called
amount of net purchase Rs.2,49,912/- and VAT of Rs.14,532/- Total
2,64,444/- either with defendant or Sale Tax Department.
3. I am not aware about email dated 28.06.2016 sent by
defendant to my company. Exh.37 notice dated 02.03.2017 doesn’t
bear any signature. It is not true that I have this affidavit only to
support a false claim.
Cross examination is over.
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Commercial Suit 79/2019
Exh.56 2 / 2
Re-examination- Nil
BEFORE ME
ROAC
Mumbai
Dated : 03-07-2025
(Shri P. P. Kulkarni)
District Judge,
Court Room No.31 - Commercial
Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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