Bombay High Court
M.T.N.L. vs Sterling Computers Ltd. And Ors. on 27 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
15-COMSS-1-1994.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL SUMMARY SUIT NO. 1 OF 1994
M.T.N.L. )...PLAINTIFF
V/s.
STERLING COMPUTERS LTD. AND OTHERS )...DEFENDANTS
Mr.Niranjan Shimpi a/w. Ms.Bhagyashri Waghmare, Advocate for the
Plaintiff.
Mr.Makarand Bakore i/by JMB Partners, Advocate for the Defendant
no.1.
Mr.Rohan Savant a/w. Mr.Ashutosh Agarwal i/by Parinam Law
Associates, Advocate for the Defendant no.2.
CORAM : ABHAY AHUJA, J.
DATE : 27th MARCH 2026
P.C. :
1. Although the matter has been listed for marking of Plaintiff's documents, however, a perusal of the Affidavit in lieu of examination- in-chief dated 1st December 2025 of the Plaintiff's second witness indicates that the witness does not depose to the documents that the Plaintiff is desirous of having marked, as in paragraph 2 the deponent of the said Affidavit repeats, reiterates and confirms the statements and submissions made by the Plaintiff's witness no.1 who has retired long back. An Affidavit of evidence of a witness for a party cannot be ARTI prepared in this fashion. The officer or the deponent or the witness has VILAS KHATATE Digitally signed by ARTI VILAS KHATATE avk 1/3 Date: 2026.03.27 23:24:09 +0530 ::: Uploaded on - 27/03/2026 ::: Downloaded on - 28/03/2026 03:09:22 ::: 15-COMSS-1-1994.doc to personally depose to the documents. This kind of short cut method sought to be adopted by the Plaintiff only further delays the proceedings.
2. Mr.Savant, learned Counsel for the Defendant no.2 also objects to the Affidavit in lieu of examination-in-chief of the Plaintiff's witness no.2 as the same in paragraph 2 repeats, reiterates and confirms the statements and submissions made by the Plaintiff's witness no.1 submitting that, that is not how the evidence can be led.
3. Mr.Niranjan Shimpi, learned Counsel appearing for the Plaintiff, seeks time to prepare a proper Affidavit in lieu of examination-in-chief of Plaintiff's witness no.2.
4. Since this is a Commercial Suit, in the above circumstances, I deem it appropriate to impose costs of Rs.50,000/- on the Plaintiff to be paid equally to the Defendants no.1 and 2 within a period of two weeks.
5. Let the Affidavit in lieu of examination-in-chief of the Plaintiff's witness no.2 be kept ready on the next date with a copy to the other side.
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6. Let the Plaintiff's witness no.2 remain present in Court on the next date.
7. Mr.Savant, learned Counsel appearing for the Defendant no.2, submits that earlier the Plaintiff's witness no.1 had deposed in the matter and four serial numbers were marked as exhibits and the balance were yet to be marked as exhibits.
8. Let this Court be informed of the documents that were marked as exhibits earlier and the documents yet to be marked along with exhibit numbers.
9. List on 18th April 2026.
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