Interim Order 4

Order Details: Other
Pdf Text: CS No. 100687 / 2024 Ashok – Lalmani Exh.15 1 / 3
Further examination in chief of plaintiff witness Ashok Gadge
on oath by Adv. Balbheem Patil, for plaintiff.
Defendant side called, but absent.
1) Affidavit now shown to me bears my signature. Its
contents are true. It is today marked as Exh.15. Through List of
Documents at Exh.8, I have filed following documents :
Exh.16 : Original dishonored Demand Promissroty Note.
Exh.17 : Copy of Form No.10 dt. 14.06.2017.
(Plaintiff has brought its original before Court)
Exh.18 : Office copy of demand notice dt. 08.05.2018.
Exh.19 : Copy of Money Lending License.
(Plaintiff has brought its original before Court)
Exh.20 : Copy of Cash Book.
(Plaintiff has brought its original before Court)
Exh.21 : Copy of Ledger Book.
(Plaintiff has brought its original before Court)
Court observation : It is made clear to both parties that,
documents are marked as Exhibit (in accordance with contents
from evidence affidavit) for identification purpose.
Both sides are at liberty to prove and disprove the contents of the
documents, in accordance with various provisions, pertaining to
Commercial Courts Act, Code of Civil Procedure, Indian
Evidence Act and Information Technology Act.
Further examination in chief is over :
On oral request of defendant, Suit is adjourned for cross-
examination.
ROAC
Mumbai
Dated : 04.01.2025
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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CS No. 100687 / 2024 Ashok – Lalmani Exh.15 2 / 3
Cross examination of plaintiff witness Ashok Gadge on oath by
Adv. Sandeep Dhuri for defendant.
Adv. Balbheem Patil for plaintiff present.
Defendant Lalmani Yadav present.
2) Not true to say that, I have not tendered any loan in any
format to defendant on 14.06.2017.
3) Not true to say that, on 14.06.2017, the defendant has
not executed any Promissory Note.
4) Not true to say that, defendant has not executed Form
No. 8.
Adv. Dhuri submitted that, the copy of evidence Affidavit, which is
supplied by plaintiff to defendant, is having overwriting. He
further submitted that, the evidence Affidavit at Exh. 15 of PW1
Ashok is also having overwriting. Adv. Dhuri further submitted
that, the plaintiff has not supplied documents to defendant.
5) Not true to say that, Form No. 8 does not bear signature
of defendant.
6) Not true to say that, defendant has not received any
Notice at Exh. 18.
7) Not true to say that, the Cash Book at Exh. 20 and
Ledger Book at Exh. 21 are false documents.
8) Not true to say that, all documents relied by me are false
and fabricated documents.
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CS No. 100687 / 2024 Ashok – Lalmani Exh.15 3 / 3
9) Not true to say that, defendant never asked loan from
me.
10) Not true to say that, I am deposing false.
On oral request of defendant, Suit is adjourned for cross-
examination.
On oral request of defendant, Suit is adjourned for cross-
examination.
ROAC
Mumbai
Dated : 18.01.2025
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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