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Court Order

Interim Order 3

CNR MHCC01008318201902 Jan 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Interim Order 3 · 02 Jan 2025 · CNR MHCC010083182019

Order Details: Other
Pdf Text: IN THE COURT OF BOMBAY CITY CIVIL COURT, GR. MUMBAI AT
MAZGAON.
COMMERCIAL SUIT NO. 131 OF 2019
Exhibit-26
Sukanraj Kasturchandji Jain )…..Plaintiff
V/s.
Shivaji Kishan Jadhav ).....Defendant
ISSUES
1. Whether the plaintiff is entitled to recover a sum of
Rs.17,08,096/- including interest (Rs.5,97,557/-) against the
Invoice No.39 towards sale of ‘gold jewellery’ with further interest
at 18% per annum ?
2. Does the defendant prove that Invoice No.39 is ‘forged and
fabricated’ document with intent to extort money ?
3. Does the defendant further prove that he did not receive goods
sold under Invoice No.39 ?
4. Does the defendant further prove that the suit is hopelessly
barred by law of limitation ?
5. Does the defendant further prove that there is no legal and valid
cause of action to institute the suit ?
6. Does the defendant prove that this Court has no jurisdiction and
the Court at Bangalore is having jurisdiction ?
7. Does the defendant further prove that in the forged and
fabricated invoice, the incorrect name of ‘Laxmi Ganesh Jwellers
Batwal’ is reflected ?
8. What order and decree ?
Both the parties shall note the issues and act upon accordingly.
Dated : 02/01/2025.
(S. P. Pingale)
Judge, CR No.32
City Civil Court at Mazgaon, Mumbai.
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