Order 5

Order Details: Order Below EX 1
Pdf Text: MHMM180081352024 Summary Case No.5800297/SS/2024
Suresh Gianchand Kumar Vs. Mid City
Infrastructure Pvt Ltd
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,
58TH COURT, BANDRA, MUMBAI
ORDER BELOW EXH.01
The matter posted for hearing since last two dates.
Considering the fact of matter being transferred from Court at Panipat
to this court and as complainant submitted that he has to come from
Panipat, adjournment was granted subject to cost of Rs.5,000/-, paid by
the accused on last date.
2. Today, when complainant is put in witness box for cross
examination by advocate for accused, it transpired that evidence
affidavit in lieu of examination in chief of complainant is not filed on
record. In the proceeding evidence affidavit of one Satish Aggarwal,
Power of Attorney is already on record. However, the Power of Attorney
of original complainant neither remained present on earlier dates nor
today for facing cross examination. Adjournment application of the
accused objected by advocate for complainant without perusing record
only for the sake of so called rights of the complainant. There is reason
to believe that complainant and advocate have obtained order of cost
by misguiding this court. Hence, I pass following order.
ORDER
1. Complainant to return the cost of Rs.5,000/-, paid by the
accused to him forthwith.
2. Complainant to take necessary appropriate steps to proceed
with the matter till next date.
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2 Summary Case No.5800297/SS/2024
Order Below Exh.01
3. Matter adjourned to 15.10.2025.
4. Order dictated and pronounced in open court.
5. Order be uploaded on Court Web Portal.
Mumbai, (M. P. Saraf)
Dated : 20.08.2025. Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code-MH01362
CERTIFICATE
I affirm that the contents of this P.D.F. file Order are same, word to word as per the
original Order.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 20.08.2025.
Transcribed and Typed on : 20.08.2025.
Order printed and Signed on : 20.08.2025.
Order Uploaded on : 20.08.2025.
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