Order 5

Order Details: Other
Pdf Text: CS No. 100065 / 2019 Ratanbai – Sunshine Exh.35 1 / 2
Further Examination in chief of Defendant witness Nilesh
Bharni on oath by Adv. M. K. Tanna, for defendant.
Adv. Preeti Gada present for plaintiff.
1) Affidavit now shown to me bears my signature. Its
contents are true. It is already marked as Exh.35. I have filed
following document on record. Same be allotted Exhibit mark.
Exh.40 : Certified copy of Extract of Resolution Dt.
04.10.2019.
Exh.41 : Certified copy of Resolution Dt. 10.07.2023.
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 :
Cross-examination is adjourned on oral request of plaintiff.
Adv. Preeti Gada present for plaintiff.
ROAC
Mumbai
Dated : 24.01.2024
(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. 100065 / 2019 Ratanbai – Sunshine Exh.35 2 / 2
Further Cross-examination of Defendant witness Nilesh
Bharani on oath by Adv. Preeti Gada, for Plaintiff.
Adv. M. K. Tanna present for defendant.
2) I do not have any official position in the defendant’s
Company. I am not working with defendant Company. Not true to
say that, I do not have personal knowledge about the dispute and
transactions.
3) Defendant Company’s Director Ashok Bharani and Atul
Bharani are my brothers. True to say that, they are not feeling well
and hence, I am deposing on their behalf.
4) Defendant Company is Non-Banking Finance Company.
It is providing finance to group Company. True to say that,
defendant Company obtain finance from the public and supply it
to other Company. I do not know plaintiff Ratanbai Savia. I know
her family members. Her son is Mahendrabhai. I also, know son
of Mahendrabhai. Atul is acquainted with family member of
Ratanbai. I do not know whether Ashok knows about family
members of Ratanbai.
5) True to say that, the plaintiff and Directors of defendant
Company belong to same community. I do not recollect now, as to
whether, I had gone through the documents annexed with the
plaint. I have not seen the documents filed by plaintiff in present
Suit or the documents filed by plaintiff witness. Regarding my
affidavit, I had given instruction to my lawyer Shri. Ashok Jain.
On oral request of plaintiff counsel, further cross-examination
is adjourned to 06.02.2024 at 12.00 hrs.
ROAC
Mumbai
Dated : 30.01.2024
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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