M/S. G. Loucators And Co. v. Binani Industries Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13538 OF 2018 M/s. G. Loucators and Co.

.. Petitioners vs.

Binani Industries Limited formerly known as Binani Zinc Ltd.

.. Respondents Mr. N.V. Walawalkar, Sr. Advocate for the Petitioner a/w. N.S. Vyas and Y.M. Vyas for the Petitioner.

Mr. Jaydeep Deo for the Respondent.

CORAM :

M. S. SONAK, J.

DATE : 4 DECEMBER 2018.

P.C. :- 1] Heard the learned counsel for the parties.

2] The challenge in this petition is to the orders dated 25th April 2018 and 4th October 2018, by which, a Commission has been issued for examination of the plaintiff's witness.

3] After the matter was argued for some time, the learned counsel for the parties agree that this petition can be disposed of by the following order:

(a) The parties through their counsel to appear before the Small Causes Court at Mumbai on 6th December 2018, which is even otherwise the date fixed for further proceedings in R.A.E. 1/3

Suit No.666/1013 of 2009 and produce a copy of this order; (b) The learned Trial Court to fix the two dates as per its convenience for further cross-examination of the plaintiff's witness in the Court itself. The learned counsel for the parties assure this Court that the cross-examination will be concluded, if two such dates are granted. Needless to add that the crossexamination shall not be unnecessarily interrupted or curtailed;

(c) The petitioners shall also ensure that the crossexamination is not unnecessarily prolonged taking into consideration the position of the health of the witness's wife; (d) The learned Trial Judge to offer a fair opportunity to both the parties so that the cross-examination effectively held and completed within the two dates so fixed by it; (e) Since the suit itself pertains to the year 2009, the learned Trial Court to dispose of the same expeditiously; 2/3

(f) This order is in supersession of the directions in the impugned order.

4] All concerned to act on the basis of an authenticated copy of this order.

(M. S. SONAK, J.) 3/3