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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO.250 OF 2017
Jalgaon Energy Private Limited )….Plaintiffs
V/s.
MSEDCL & Anr. )....Defendants
Mr.Vedchetan Patil for plaintiffs.
Ms.Deepa Chavan a/w Mr.Kiran Gandhi and Mr.Anuj Jaiswal I/by
Little and Co. for defendant no.1.
Mr.Rohit Sharma for defendant no.2.
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CORAM : K.R.SHRIRAM,J
DATE : 10.4.2019
P.C.:
1. At the outset, Mr.Patil for plaintiff undertakes to file list of
witnesses before the end of this week. Undertaking accepted.
Name : Ashesh Jain (PW1)
Age : 44 years
Occ. : Business
Address : Eros Building, 4th Floor, J.T.Road, Mumbai400 020.
On S.A.
Further Examinationinchief : by Mr.Patil for plaintiffs.
2. I say that I have affirmed an affidavit dated 20.3.2019 and
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after fully understanding the contents.
PC :
The affidavit is taken on record and marked Exhibit P1.
3. Plaintiffs have also filed compilation of 78 documents. The
serial numbers given below relate to the index to the compilation of
documents.
Serial No.1 & 2 – Exhibit P2 & Exhibit P2A (colly)
Serial No.3 – Exhibit P3
Serial No.4 Exhibit P4
Serial No.5 – X1 for identification
Serial No.6 – X2 for identification
Serial No.7 – Exhibit P5
Serial No.8 – Exhibit P6
truth of contents
Serial No.17 – Exhibit P16, subject to proof of truth of contents
Serial No.18 – X3 for identification
Serial Nos.19 to 46 – Exhibit P17 to Exhibit P44, respectively, subject
to proof of truth of contents
Serial No.47 – Exhibit P45
Serial No.48 – Exhibit P46
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Serial No.49 – Exhibit P47
Serial No.50 – Exhibit P48
Serial No.51 – X4 for identification
Serial No.52 – Exhibit P49
Serial Nos.53 to 55 – Exhibit P50 to Exhibit P52 subject to proof of
truth of contents
Serial Nos.56 to 58 – Exhibit P53 to Exhibit P55
Serial Nos.59 to 63 – Exhibit P56 to Exhibit P60
Serial No.64 – X4 for identification
Serial No.65 – Exhibit P61
Serial No.66 – Exhibit P62 subject to proof of truth of contents
Serial No.67 – Exhibit P63
Serial No.68 – Exhibit P64
Serial No.69 – X6 for identification
Serial No.70 to 72 – Exhibit P65 to Exhibit P67, respectively
Serial No.73 – X7 for identification
Serial Nos.74 to 77 – Exhibit P68 to Exhibit P71, respectively.
Serial No.78 – Exhibit P72 subject to proof of truth of contents.
4. Ms.Sheetal Prakash, an advocate practicing in this Court is
Commissioner to identify the documents and mark them in sequence
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together with typing charges and venue charges, if any, to be shared
equally between the parties, 50% by plaintiffs and 50% by defendants
and the same will be costs in the suit.
evidence of PW1 and cross examination of PW1 by 30 th June 2019 .
If the parties do not respond promptly within 48 hours of receiving a
dates, the Commissioner to go ahead and fix the dates convenient to
the Commissioner and the parties shall make themselves available at
evidence of PW1 as not made available for cross and if defendants do
examination should be treated closed as no cross. Once the dates are
whatsoever.
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Statement accepted.
7. Mr.Patil states that he has received notice to produce the
respond to the same.
8. Stand over to 5.7.2019 for directions.
(K.R.SHRIRAM,J)
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