Interim Order 16

Order Details: Other
Pdf Text: Commercial Suit 79/2019 Executive v/s Maruti Exh.40 1 / 3
Date : 10-03-2026
Further Examination in chief of Defendant’s witness No.2
Gagnjot Siingh on oath by Adv. Naresh Parihar for defendant
present.
Adv. Arvind Giriraj on VC a/w Adv. Shivangi Goel for plaintiff
present.
Affidavit now shown to me bears my signature. Its contents are
true. It is already marked as Exh.40. Through List of Documents
at Exh.41, I have filed following documents. Same may be marked
with Exhibit numbers.
Exh.72 : Email dt 28.06.2016 along with postal receipt
(plaintiff denied said document on a ground that
plaintiff is not concern with the party to whom said
email was sent. On the strength of Certificate Exh.71
document is marked with exhibit number for
identification).
Exh.73 : Print out of email dt 01.07.2016 along with two
postal receipts.
Further examination in chief is over :
ROAC BEFORE ME
Mumbai
Dated :
(Prasad P. Kulkarni)
District Judge,
Court Room No.31 - Commercial
Court, City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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Commercial Suit 79/2019 Executive v/s Maruti Exh.40 2 / 3
Date : 10-03-2026
Cross Examination of Defendant’s witness No.2 Gagnjot Siingh
on oath by Adv. Arvind Giriraj for plaintiff.
In the present of Adv. Naresh Parihar for defendant.
1. I have verified name of person as Sumit to whom i have sent an
email which is at Exh.72. As said name was mentioned in the email
ID, so I say that I had verified it. I am not aware what is full name of
Mr. Sumit. I am not aware where Mr. Sumit work. I say that as behest
of plaintiff Mr. Sumit sent me an email. On the basis of
communication in the email I said so. Witness is shown Exh.72 email
dated 28.06.2016.
Question: Will it be correct state that you sent email dt 28.06.2016
only to Top Worth Pipes Tube?
Answer: No, I send it to Top Worth, to Executive Trading and to Mr.
Ashwin Lodha who is director of Top Worth.
2. Witness is shown email dt 01.07.2016 Exh.54. I came to know
about email ID etcpl1@hotmail.com on the basis of invoice of
plaintiff.
Question: Can you assign any reason why email Exh.73 was not sent
to etcpl1@hotmail.com?
Answer: Because the email was received from email ID
mastersumeet6@gmail.com. Hence, I replied to him only marking CC
to Ashwin Lodha.
I am not aware whether plaintiff never received email Exh.73. I am
not aware mastersumeet6@gmail.com is not plaintiff’s email ID and
plaintiff is not concern with said email ID. I am not aware
etcpl1@hotmail.com is the only email ID of plaintiff. It is not correct
that I was aware about email etcpl1@hotmail.com prior to
28.06.2016.
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Commercial Suit 79/2019 Executive v/s Maruti Exh.40 3 / 3
Cross examination is deferred till next date.
ROAC BEFORE ME
Mumbai
Dated : 10-03-2026
(Prasad P. Kulkarni)
District Judge,
Court Room No.31 - Commercial
Court, City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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