Interim Order 4

Order Details: Other
Pdf Text: CS No. 100116 / 2019 Nevil – Poonam Exh.15 1 / 2
Date : 12-08-2026
Cross examination of plaintiff - Nevil Jain on oath by
Adv. Santosh Thakur for defendant.
19. I don’t remember whether before filing the suit, I had gone for
Pre-Mediation Institution process. The witness is shown Pre-
Mediation Application. The witness admit that it was filed by his
advocate. As the application is shown in cross examination, the same
is marked as Exh.66. After going through the Exh.66, witness admit
that the pleading in Exh.66 is in respect of gold ornaments. I came in
contact with defendant through agent Shah Mithalal Jain and Co. It
is incorrect to say that the transaction was not directly with
defendant but it was through agent and amount was also received
through agent.
20. The witness is shown page No.40 (Ledger account) Exh.53. It is
correct to say that as per the opening balance dated 01.05.2018,
Rs.28,133/- is the outstanding amount shown against the name of
defendant.
Que As per the entry dated 25.05.2018 in ledger account Exh.53,
there is mentioned that the amount of Rs.28,133/- is received
by cash? Can you explain the entry?
Asn I will have to check the entry in my account as the transaction
is old one.
It is correct to say that as per ledger account Exh.53 after the entry of
25.05.2018, the debit and credit shows balance as Nil. It is correct to
say that there is no any reversal entry in the ledger after the entry of
25.05.2018. It is correct to say that the ledger account Exh.53 it from
01.04.2015 to 12.03.2022 and thereafter, there is no any entry. It is
incorrect to say that the certificate attached with Exh.53 is false one.
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CS No. 100116 / 2019 Nevil – Poonam Exh.15 2 / 2
21. The witness is shown Invoice No.58 Exh.19. As per invoice 60
days credit period is given. The interest is calculated after the grace
period of 60 days is over. The witness is shown page No.36 (ledger
account Exh.53). The period of delay of 540 days is calculated after
the grace period of 60 days was over. It is incorrect to say that the
interest is charged without deducting 60 days grace period. I had
supplied goods to defendant from 2011-2012.
Que You have not filed any document to show that for delayed
payment prior to this dispute you had charged interest?
Ans This is the first dispute of non payment arose.
22. It might have happened that I had not charged interest for the
delayed payment in respect of the invoice prior to the disputed
invoices. It is incorrect to say that entire payment is made and
nothing is due and outstanding. It is incorrect to say that I have filed
false suit and deposing falsely. It is incorrect to say that there is no
any amount is due and payable.
Cross examination is recorded and completed.
Re-examination – Nil
ROAC BEFORE ME
Mumbai
Dated : 12-08-2026
(N. B. Lavte)
District Judge, CR No.31,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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