Order 3

Order Details: Notice of Motion
Pdf Text: 21.11.2024 Court Room No.31 - Commercial Court, Mumbai
Coram : Shri V. S. Hingne, Additional District Judge,
Sr. No.44
Commercial
Suit No.
100281/2021
NM 1415/24
Exh.91
Exh.92
Kirti Nayan Sawant Vs Vipul R. Rodrigues
Adv. Kavita Shah present for plaintiff.
Adv. Abhijeet Mangle present for defendant.
Defendant Vipul Raodrigues present.
Suit is kept back for arguments.
Later on at 12.30 Hrs.
Adv. Kavita Shah present for plaintiff.
Adv. Abhijeet Mangle present for defendant.
Defendant Vipul Raodrigues present.
Exh.91- Additional affidavit in lieu of examination-in chief
plaintiff.
Exh.92- Additional compilation of documents of plaintiff.
Heard both sides on Notice of Motion No. 101415/ 2024.
Through Notice of Motion No. 101415 / 2024, plaintiff is seeking
permission to file additional affidavit and additional documents.
Perused Record.
Heard both Learned Counsels.
Relevant dates for the purpose of Notice of Motion are as follows :
15.06.2018 - Suit is filed.
01.03.2019 - Written Statement is filed.
05.02.2021 - Issues are framed
26.08.2022 - Plaintiff filed evidence affidavit of PW1 Kirti.
22.09.2022 - Documents of plaintiff are exhibited.
14.06.2023 - As plaintiff failed to lead evidence, Court closed
evidence of plaintiff.
25.07.2023 - Plaintiff filed Notice of Motion No. 102783 / 2024
for reopening of evidence.
24.08.2023 - Reply filed by defendant to said Notice of Motion.
08.11.2023 - Notice of Motion No. 102783 / 2024 is allowed by
the Court and plaintiff is permitted to lead evidence.
05.01.2024 - Further examination of plaintiff is recorded. On same
day plaintiff requested for adjournment. Accordingly, further
examination-in-chief is adjourned.
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21.11.2024
Sr. No.44
Commercial
Suit No.
100281/2021
NM 1415/24
18.03.2024 - Vakilpatra filed by defendant.
26.04.2024 - Notice of Motion No. 101415 / 2024 is filed by
plaintiff (present Notice of Motion), seeking permission to file
additional documents as Certificate U / Sec. 65-B and office copy
of Notice Dt. 25.01.2024, allegedly sent by plaintiff to defendant.
Notice of Motion is strongly opposed by defendant.
If any party, for technical reasons, is deprived of raising its case,
then it may result in improper adjudication. That may lead to
complexity in the dispute and may also lead to multiplicity of
litigation. If that happens, then it drags the parties into further
litigation, causing serious prejudices to them. Hence, it is always in
the interest of justice that, both contesting parties are provided
sufficient opportunities to raise their contentions and to prove their
case.
Perusal shows that, said documents are of technical nature. No
prejudice would be caused to defendant, if permission is granted to
plaintiff to file those documents. In view of above discussion,
Notice of Motion deserves to be allowed.
Chronology stated above shows that, plaintiff is taking its own
time to lead evidence. Hence, present Notice of Motion needs to be
saddled with cost. In given facts and circumstances, cost of .	₹
10,000/- (Rs. Ten Thousand) would be just, legal and proper.
Accordingly, following Order is passed :
ORDER
1. Notice of Motion No. 101415 / 2024 is allowed, subject
to payment of Cost of . 10,000/- ( . Ten Thousand	₹ ₹
Only).
Out of said cost, .	₹ 7,000/- (Rs. Seven Thousand)
be paid to defendant and .	₹ 3000/- (Rs. Three
Thousand) be paid to DLSA, Mumbai.
2. Plaintiff shall pay said Cost by next date.
3. If plaintiff pays the Cost by next date, then additional
evidence affidavit and additional documents filed by
plaintiff be taken on record, forthwith.
4. If plaintiff fails to pay the Cost, then the Suit shall
proceed further.
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5. Parties be informed about their right to challenge this
Order and period of limitation for it.
6. Order pronounced in Open Court.
7. Record of Notice of Motion No. 101415 / 2024 shall be
part of Commercial Suit No. 100281 / 2021.
Parties to e-file their respective pleadings, Interim Applications
(Chamber Summons, Notice of Motions, Summons for Judgment,
replies, joinder, rejoinders, etc.), Written arguments, documents in
OCR compatibility.
Suit adjourned to 18.12.2024 for compliance.
Judge
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