Bombay High Court
Heena Metals Pvt. Limited vs Basant Global Trade Pvt. Ltd on 25 August, 2022
Bench: N. J. Jamadar
33-comss-688-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMONS FOR JUDGMENT NO.121 OF 2018
IN
COMMERCIAL SUMMARY SUIT NO.688 OF 2018
Heena Metals Private Limited ...Plaintiff
VISHAL vs.
SUBHASH Basant Global Trade Private Limited ...Defendant
PAREKAR
Digitally signed by Mr. Rashid Khan i/b. Sumi Soman, for the Plaintiff
VISHAL SUBHASH
PAREKAR Ms. Shristi Shetty i/b. M.V. Kini & Co., for the Defendant.
Date: 2022.08.26
14:17:02 +0530
CORAM : N. J. JAMADAR, J.
DATE : AUGUST 25, 2022
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P.C.:
1. Plaintiff's first witness Mr. Dhaval Rohit Shah (PW-1) is
present in Court and is administered oath.
On S.A.:
Name : Dhaval Rohit Shah
Age : Adult
Occu. : Director of the plaintiff
Address : 6, Sagar Mahal, 65,
Walkeshwar Road, Mumbai-6.
2. The affidavit in lieu of examination-in-chief is now shown to
me. It is affirmed by me. It bears my signature. The contents of the
affidavit are true and correct. The affidavit is marked as Exhibit-
P1/1.
Vishal Parekar, P.A. ...1
33-comss-688-2018.doc
P.C.:
3. The plaintiff has tendered a compilation of documents,
comprising 47 documents. The defendant has made a statement of
admission and denial of the documents. The documents at Sr. Nos.
1, 2, 3, 13, 17, 19, 23, 25, 30, 32, 35, 36, 38, 39, 40, 41 and 43 are
admitted in evidence. The documents at Sr. Nos. 1, 2, 3, 13, 17, 19,
23, 25, 30, 32, 35, 36, 38, 39, 40, 41 and 43 are marked as Exhibit-
P1/2 to P1/18.
4. The defendant has admitted the existence of documents at Sr.
Nos. 14, 16, 18, 22, 24, 26 to 29, 31, 33, 34, 37, 42, 44 and 45.
However, the contents of the documents are denied. The documents
at Sr. Nos. 14, 16, 18, 22, 24, 26 to 29, 31, 33, 34, 37, 42, 44 and 45
are marked Exhibit -P1/19 to P1/34 subject to proof of contents and
correctness thereof.
5. The defendant has denied the existence and contents of the
documents at Sr. Nos. 4 to 12, 15, 20, 21, 46 and 47.
6. The document at Serial No.5, being a print out of email dated
18th April, 2017, along with attachment is marked Exhibit P1/35 (in
view of the averments in paragraph 8 of the affidavit in lieu of
examination-in-chief).
7. The document at Serial No.6, being a print out of email dated
19th April, 2017, along with attachment is marked Exhibit P1/36 (in
Vishal Parekar, P.A. ...2
33-comss-688-2018.doc
view of the averments in paragraph 9 of the affidavit in lieu of
examination-in-chief).
8. The document at Serial No.7, being letter dated 19 th April,
2017, along with enclosures is marked Exhibit P1/37 (in view of the
averments in paragraph 10 of the affidavit in lieu of examination-in-
chief).
9. The document at Serial No.8, being a copy of the courier
receipt dated 19th April, 2017, is marked Exhibit P1/38 (in view of
the averments in paragraph 10 of the affidavit in lieu of
examination-in-chief).
10. The document at Serial No.9, being a copy of challan dated
19th April, 2017, is marked Exhibit P1/39 (in view of the averments
in paragraph 14 of the affidavit in lieu of examination-in-chief).
11. The documents at Serial Nos.10 and 11, original weighing slips
are marked Exhibit P1/40 and P1/41, respectively (in view of the
averments in paragraph 15 of the affidavit in lieu of examination-in-
chief).
12. The document at Serial Nos. 46 and 47, being certificates
under section 65B of the Indian Evidence Act, are marked Exhibit
P1/42 and P1/43 (in view of the averments in paragraph 52 of the
affidavit in lieu of examination-in-chief).
Further examination-in-chief complete.
Vishal Parekar, P.A. ...3
33-comss-688-2018.doc
13. Plaintiff's second witness Mr. Rohit V. Shah (PW-2) is present
in Court and is administered oath.
On S.A.:
Name : Rohit V. Shah
Age : Adult
Occu. : Director of Plaintiff.
Address : 6, Sagar Mahal, 65,
Walkeshwar Road, Mumbai-6.
14. The affidavit in lieu of examination-in-chief is now shown to
me. It is affirmed by me. It bears my signature. The contents of the
affidavit are true and correct. The affidavit is marked as Exhibit-
P2/1.
15. The document at Serial Nos.20 being the photographs taken
by PW.2, are marked Exhibit P2/2 (collectively)(subject to objection
on behalf of the defendant) .
Further examination-in-chief complete.
16. The plaintiff has also made a statement of admission and
denial of the documents filed on behalf of the defendant.
17. The documents at Sr. Nos. 7, 9 and 10 are admitted in
evidence. The existence of documents at Sr. Nos. 1, 3, 4, 5, 11 to 14,
17, 20 and 22 are admitted. However, contents are denied. The
plaintiff has denied the existence and contents of the documents at
Sr. Nos. 2, 6, 8, 15, 16, 18, 19, 21 and 23.
Vishal Parekar, P.A. ...4
33-comss-688-2018.doc
18. By consent, Mr. Dormaan Dalal is appointed as a
Commissioner and is requested to record the cross-examination of
the Plaintiff's witnesses.
19. The Commissioner is at liberty to exercise discretion under
Order XVIII rule 4(4) of the Code of Civil Procedure, 1908, to note
the demeanour of the witnesses where necessary.
20. All cross-examination shall be conducted strictly in question
and answer form.
21. The Commissioner will also be at liberty to direct that the
whole or any part of the cross-examination should be video
recorded for later reference of the Court. Should that be done, the
original audio visual recording will be submitted along with the
Commissioner's Report to the Registry.
22. Liberty to the parties as also to the Commissioner to apply in
case of difficulty.
23. All re-examination will be conducted only in Court.
24. Costs of the commission shall be borne equally by the parties.
25. Parties shall also pay costs of Rs.500/- per hearing to the
Court Clerk who attends the Commission with Court Papers. This is
required since these clerks attend the commission in addition to
their duties and outside their normal working hours.
Vishal Parekar, P.A. ...5
33-comss-688-2018.doc
26. The Commissioner is not to permit any application for
adjournment on dates previously fixed, except where absolutely
unavoidable. Counsel's inconvenience or unavailability does not
constitute such unavoidability.
27. List the matter on 3rd October, 2022 for a status report
including as to progress before the Commissioner.
(N. J. JAMADAR, J.)
Vishal Parekar, P.A. ...6
