Kulin S Kotak v. Dwrkadas and Co. Pvt. Ltd. and Ors.
Case brief
What is this about?
Witness summons applications rejected by Small Causes Court Mumbai; RAE & R Suit No.1027/3634 of 1980; Exhibit-360, Exhibit-361, Exhibit-362; Defendant No.4(c); Revision Applications rejected; Consent Minutes dated 25th February 2025 marked X for identification; documents of DW 1 (Serial Nos. 21, 22, 23, 26; Articles Y-10, Y-11, Y-12, Y-14) to be marked as Exhibits; Trial Court orders dated 14/1/2025 foreclosing evidence of defendants and 17/1/2025 forfeiting right to argue set aside; Plaintiffs' right to argue relevancy kept open; disposal by consent; expeditious trial; Kulin S. Kotak v. M/s. Dwarkadas & Co. Pvt. Ltd.; Sanjeev M. Gorwadkar Senior Advocate; Snehal Modi; Madhav J. Jamdar, J.; Writ Petition Nos. 1070, 1071, 1072 of 2025.
What did the court decide?
All three Writ Petitions disposed of in terms of the Consent Minutes dated 25th February 2025 (marked 'X' for identification): (i) documents produced with the Affidavit in Chief by DW 1 (Defendant No. 4C) at Serial Nos. 21, 22, 23 and 26 (Articles Y-10, Y-11, Y-12 and Y-14) to be marked as Exhibits; (ii) witness-summons Applications at Exhibit No. 360, 361 and 362 (corresponding to Writ Petition Nos. 1070, 1071 and 1072 of 2025) disposed of in terms of the Minutes; (iii) the consequential Trial Court orders dated 14/1/2025 foreclosing evidence of defendants and dated 17/1/2025 forfeiting the right to argue the suit set aside, with the Petitioner allowed to argue the case; (iv) the right of the Plaintiffs to argue on the relevancy of these documents kept open in the Trial.