Order 2

Order Details: Other
Pdf Text: CS No. 100005 / 2020 Taurus Lines – Ankit Raj Exh.17 1 / 3
Re- examination of plaintiff witness Kishor Kulkarni on oath by
Adv. Abhishek Tilak, for plaintiff.
Adv. Devdatta Salvi present for defendant.
Said Re-examination is being recorded, as per order
Dt.01.02.2023.
Perused roznama Dt. 22.02.2024.
Cross-examination Dt. 08.12.2022 of PW-1 Kishor Kulkarni is
not traceable in the file. Hence, Court had directed the parties to
file copies of said cross-examination before the Court, if they
have.
On 04.03.2024, defendant has filed pursis at Exh.38 and copy of
cross-examination Dt. 08.12.2022. Said pursis is endorsed by
plaintiff.
In view of aforesaid joint pursis, the Cross-examination is taken
on record. It shall be part and parcel of evidence of PW-1 Kishor
Kulkarni.
32) We had performed our role as forwarder in the Export
Shipment, to do communication and coordination between
defendant and shipping line with whom the shipment is booked.
Defendant has put some terms and conditions regarding shipment.
Hence, I had issued reply by e-mail to said terms and conditions. I
am having documents to this effect.
At this moment, the Ld Lawyer Shree Tilak submitted the
documents before the Court. Said documents is e-mail
Dt.22.09.2017 by defendant and its reply by plaintiff Dt.
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CS No. 100005 / 2020 Taurus Lines – Ankit Raj Exh.17 1 / 3
28.09.2017.
Defendant objected that, said documents was not filed at the time
of filing of the Suit. It is coming for the first time before the
Court.
Court Question to the Ld. Lawyer Shree Abhishek Tilak : Was
this documents filed along with plaint.
Reply by Ld. Lawyer Shree Devdutta Salvi : The documents
was not filed along with the Suit.
As the plaintiff is trying to bring new documents on record, the
same cant not be taken on record.
Parties to take step.
33) It was plaintiff who had completed the Custom
clearance. Now witness volunteers that, it was defendant who had
completed the Custom Clearance.
Defendant counsel Shree Salvi objected that, the re-examination
is not stick-up to earlier evidence, but it is being dragged
somewhere else.
34) After the Custom Clearances, the defendant brought the
containers in the Port for export purpose. The duty to deliver the
Cargo at the final destination was of Shipping Lines.
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CS No. 100005 / 2020 Taurus Lines – Ankit Raj Exh.17 1 / 3
Adv. Savli objected that, all the questions and answers from re-
examination are beyond pleadings and plaintiff is trying to lead
new evidence.
Re-examination is adjourned at the oral request of plaintiff.
ROAC
Mumbai
Dated : 19.03.2024
(Vijay S. Hingne)
Additional District Judge,
Court Room No.31 - Commercial Court,
City Civil & Sessions Court,
Mazgaon, Greater Mumbai
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