Interim Order 12

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 46
IN
L.E. & C. SUIT NO.49 OF 2021
(CNR : MHSCA3-000230-2021)
S. A. Developers … Plaintiff
V/s
M/s. K.H.K. Hospitality Services and ors. ... Defendants
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 18.01.2025
ORAL ORDER :
Read application and say at Exh.49. Heard both sides.
Perused record.
2. Perusal of record shows that the PW1 has filed his
affidavit of examination-in-chief at Exh.29 on 21.07.2023. Thereafter,
the admissibility of documents came to be decided on 05.10.2024.
However, yet the cross-examination of PW1 has not been
commenced. More so, the defence of the defendant has been struck
off. Apart from this, a party cannot be precluded from filing
additional affidavit of examination-in-chief or further examining
itself, after filing affidavit of examination-in-chief. In the present
matter, as stated above, yet the cross-examination of witness i.e. PW1
has not been commenced and therefore, even if the permission to file
additional affidavit of examination-in-chief would be granted, it
would not be prejudicial to the rights of adversary, as the opportunity
of cross examining the PW1 will be given to it according to the law.
Hence, considering all these aspects, following order is passed :
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ORDER
Application is allowed and PW1 is permitted to
file his additional affidavit of examination-in-
chief on next date without fail.
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
18.01.2025
Dictated on : 18.01.2025
Checked & signed on : 18.01.2025
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