Interim Order 2

Order Details: Other
Pdf Text: Comm.Suit No. 95/19. 1
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
COMMERCIAL SUIT NO. 95 OF 2019
Exh.18.
Moolchand Dalichand Jain and Others )...Plaintiffs
Versus
Mr. Haresh Sankalchand Hirani )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(C.R.NO.31).
DATE : 30th SEPTEMBER, 2021.
Mr. Rahul Choube, Advocate for the plaintiffs.
None for the defendant.
SCHEDULE OF TRIAL DETERMINED AFTER CASE MANAGEMENT HEARING
(ORDER XVA RULE 1 OF CPC)
Heard learned counsel Mr. Rahul Choube for the plaintiffs
on the point of case management hearing. In this suit, issues are
framed on 29/01/2020 at Exh.4. Adv. for the plaintiff also filed on
record evidence affidavit of PW 1 Moolchand Jain (Exh.5) and list of
documents (Exh.6) on 17/02/2020. Then, the defendant filed list of
admission and denial of documents (Exh.7) on 24/02/2020. In view of
Exh.7, admitted documents are exhibited. Then, PW 1 Moolchand Jain
proved further documents on 30/03/2021 and matter is pending for his
crossexamination. Considering all these developments in the matter,
case management hearing is conducted today in consonance with Order
XVA Rule 1 and 5 of the CPC for completion of remaining stages in the
matter. Following schedule of case management is determined :
1. Filing list of witnesses by the defendant – on or before
18/10/2021.
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Comm.Suit No. 95/19. 2
2. Filing affidavits of evidence of all witnesses simultaneously by the
plaintiff (see Order XVIII Rule 4 (1A) and Order XIX Rule 6 of
the CPC) – on or before 30/10/2021.
3. Evidence of the witnesses of the plaintiff to be recorded by
conducting crossexamination and reexamination – on or before
25/11/2021.
4. Filing affidavits of evidence of all witnesses simultaneously by the
defendant (see Order XVIII Rule 4 (1A) and Order XIX Rule 6 of
the CPC) – on or before 10/12/2021.
5. Evidence of the witnesses of the defendant to be recorded by
conducting crossexamination and reexamination – on or before
10/01/2022.
6. Filing of written arguments by both sides (see Order XVIII Rule 2
(3A) to (3E) of the CPC) – on or before 21/01/2022.
7. For advancing oral arguments with time limit of two hours to
either side. (see Order XVIII Rule 2 (3F) of the CPC) – on or
before 18/02/2022.
Both sides are directed to adhere to time frame as far as
possible. Consequences for noncompliance with orders as per Order
XVA Rule 8 of the CPC may ensue/follow.
(R.R.BHAGWAT)
Judge,
City Civil & Sessions Court,
(Court Room No.31)
Date : 30/09/2021. Mumbai.
1. Dictated online on : 30/09/2021.
2. Signed on : 30/09/2021.
3. Delivered to Certified :
Copy Section on
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Comm.Suit No. 95/19. 3
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
30/09/2021. 5.40 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 30/09/2021.
Judgment/Order signed by P.O. on 30/09/2021.
Judgment/Order uploaded on 30/09/2021.
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