Interim Order 13

Order Details: Other
Pdf Text: Commercial Suit 79/2019
Exh.38
1
Date:-09/10/2025
Cross examination of Defendant witness Deepak Bhatija on oath by
Adv. Arvind Giriraj for plaintiff.
Adv.
Sanjay Bhojwani present for defendant.
2) I have started Maruti Steel Fab. in the year 1991-92. In the year
2018, Mr. C. J. Bhatija and myself were the partners of Maruti Steel
Fab. Defendant is manufacturing and leasing firm of shuttering. My
manufacturing unit is located at Plot No.9 and 36 at B. U. Bhandhari
Industrial Estate, Sanaswadi, Pune. We used MS pipes for the purpose
of fabrication work. It is correct that I have not used the subject goods
for trading activity.
3) Witness is shown paragraph No.2 and 3 of his evidence affidavit
of Exh-38. I know Mr. Ashwin Lodha from 2012. Mr. Ashwin Lodha
and Top Worth used to supply MS pipes and MS Mild steel to me. I
do not have any purchase orders/invoices to show my dealings with
Mr. Ashwin Lodha and Top Worth.
Ques:- Do you have any document to show that Mr. Ashwin Lodha
agreed to sale goods @ Rs. 30,000/- per ton?
Ans:- I can produce the invoices wherein rate he has charged is @
Rs.30,000/- per Matric ton.
4) Mr. Ashwin Lodha was to supply goods to me from his factory.
Said factory is situated some where in Khopoli. It is not true to say
that I do not have any document to show that I have placed order for
goods to Mr. Ashwin Lodha. Witness says that On 10.06.2016, I have
sent an Email addressed to Top Worth and Executive Trading
Company informing them that though the transaction was with Top
Worth, but billing was made by Executive Trading Company after one
month.
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Commercial Suit 79/2019
Exh.38
2
5) It is not true to say that I received goods on 12.05.2016.
Witness says that he received it on 13.05.2016. Witness is shown
paragraph No.5 of his evidence affidavit. I say that the date of perusal
of invoice is 13.05.2016. I have not made any advance payment to Mr.
Ashwin Lodha prior to receiving goods. Nothing was agreed in
writing between me and Mr. Ashwin Lodha in respect of terms of
payment.
6) Ques:-You received and utilised goods which is mentioned in
Exh-61 to 63?
Ans:- I have partly utilised that goods. Partly refurbished and partly
disposed of in scrap.
It is not true to say that I have not raised any objection about quality of
goods. I have not returned any goods to Mr. Ashwin Lodha. At the
time of receiving goods and at the time of receiving Exh-61 to 63, I
have noticed name of plaintiff on Exh-61 to 63.
7) I have raised such objection with Mr. Ashwin Lodha. It is not
true to say that there is no document on record showing that I have
raised objection about quality of goods at that point of time. Witness
says that I have tendered on record email to show that I have raised
objection about quality of goods.
(As Court is busy in dictating order in Notice of Motion No.4686/25,
matter stands adjourned for further cross-examination.)
ROAC BEFORE ME
Mumbai
Dated : 09-10-2025.
(Shri Prasad P. Kulkarni))
District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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