Order 2

Order Details: Order below exhibit
Pdf Text: 1 OBE 21 in Comm. Suit 274/2021
ORDER BELOW EXHIBIT 21
IN
COMMERCIAL SUIT NO. 274 of 2021
CNR NO. : MHCC010075552018
Canara Bank ...Plaintiff
Versus
M/s. Phoenix Travels
Through Prop. Mr. Hanan Samad Pagarkar ….Defendant
Appearance:
Adv. Satish Nikhar for Defendant.
Adv. Fatima Lakdawala for Plaintiff.
CORAM : SHRI. A.S.SALGAR
ADHOC JUDGE,
(C.R.NO.31)
DATED : 4st FEBRUARY 2023
ORDER
This is an application filed by the defendant for grant of
permission to submit evidence affidavit. It is submitted by the defendant
that vide order dated 11.11.2021, the plaintiff was directed to supply
the copies of the plaint and document to the defendant, but the said
order was not complied by the plaintiff. Most of the time, the plaintiff
asked for adjournment wihtout specifying any sufficient reason. Hence,
it is prayed by the defendant for grant of permission to submit evidence
on affidavit. Inspite of giving sufficient opportunity, the plaintiff failed
to file reply to the application. Hence, the application proceeded
without reply of the plaintiff.
2. Heard Learned Advocate Satish Nikhar for Defendant and
Learned Advocate Fatima Lakdawala for Plaintiff. Perused the contents
of the application.
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2 OBE 21 in Comm. Suit 274/2021
3. By the present application, the defendant sought
permission of the Court to submit evidence on affidavit. At the outset,
this application does not bear the signature of the defendant. There is
no verification clause to this application. Application itself is vague one.
Therefore, this application is not maintainable.
4. According to the defendant, the plaintiff has not provided
the copies of the plaint and documents. It is seen from the record that
the defendant has filed the counterclaim and the same was rejected by
the Court on 30.03.2022 and the counterclaim is treated as Written
Statement of the defendant. It means that the defendant has filed the
Written Statement on record. As the copies of the plaint and documents
were already supplied to the defendant, the defendant has filed the
Written Statement on record. In August 2022, the defendant has moved
this application and contended that the copies of plaint and documents
were not supplied. The contention of the defendant that the copies of
the plaint and documents were not supplied to the defendant is not
acceptable one.
5. In the present case, the defendant sought permission of the
Court to submit his evidence on affidavit. However, the matter is
pending for evidence of the plaintiff and not for evidence of the
defendant. This is not the stage to grant permission to the defendant to
submit his affidavit. This applicaiton itself is premature. Hence, I find
no substance in this application. Hence, the application is liable to be
rejected. Hence, I pass the following order :
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3 OBE 21 in Comm. Suit 274/2021
ORDER
1) Application at Exh.21 in Commercial Suit No. 274 of
2021 stands dismissed.
2) Order accordingly.
Dated : 04.02.2023 (A.S. Salgar)
Adhoc Judge,
City Civil Court
Gr. Mumbai.
Dictated on : 04.02.2023
Typed on : 10.02.2023
checked & signed by HHJ on : 01.03.2023
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4 OBE 21 in Comm. Suit 274/2021
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
01.03.2023 5.47 p.m. Prachi Y. Potdar
Stenographer – Grade I
Name of the Judge HHJ Shri. A.S. Salgar
(C.R.NO. 31)
Date of Pronouncement of
Judgment/Order.
04.02.2023
Judgment/order signed by P.O on 01.03.2023
Judgment/order uploaded on 01.03.2023
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