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Bombay High CourtWP/3659/2022disposed off

Dilip H Doshi v. Dr. Charulata Chaturbhai Patel

2022-03-30Hon'Ble Shri Justice Nitin W. Sambre2 pages

(32)-WP-3658-22 & group matter.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.30 17:19:50 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.3658 OF 2022 Aman Ranjit Virk ..Petitioner

Versus

Dr. (Miss) Charulata Chaturbhai Patel ..Respondent WITH WRIT PETITION NO.3596 OF 2022 Rajkumar Kochar ..Petitioner

Versus

Dr. (Miss) Charulata Chaturbhai Patel ..Respondent WITH WRIT PETITION NO.3659 OF 2022 Dilip H. Doshi ..Petitioner

Versus

Dr. (Miss) Charulata Chaturbhai Patel ..Respondent Mr. Akshay C. Pawar, for the Petitioner all matters. Mr. Sanket Mungale, for the Respondent in all matters. CORAM : NITIN W. SAMBRE, J.

DATE : 30th MARCH, 2022 P.C.

1.

Considering the conduct of the petitioner/defendant as reflected in the impugned order dated 4th March, 2022, I see nothing wrong in the impugned orders.

2.

However, in the interest of justice, though strenuously BGP.

(32)-WP-3658-22 & group matter.doc.

opposed by the counsel for the respondent/plaintiff, a chance is given to the petitioner to lead his evidence, as it is informed that he has already produced a copy of affidavit of examination-in-chief along with the present writ petition, which shall be produced before the Court below by 5th April, 2022. However, such production is permitted subject to deposit of cost of Rs.50,000/- in the Court below in each of the suit. Apportionment of which to be ordered by the Court below.

3.

Further, petitioner is also put to condition that he shall on very same day complete his examination-in-chief and shall cooperate with the Trial Court in expeditious recording of his crossexamination. 4.

If the petitioner fails to co-operate with the Trial Court in concluding cross-examination as shall be directed by the Trial Court, the Trial Court is at liberty to put the petitioner to such conditions including that of waiving his right to have his evidence on record. The aforesaid order is passed keeping in mind that the suit hearing is already expedited by this Court and still suit is pending for last more than thirty years.

5.

All these petitions stand allowed in above terms. [NITIN W. SAMBRE, J.] BGP.