Feuer-Goldstein Inc v. Michael Hill Franchise Pty. Ltd.

919-MAPP3-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS APPLICATION NO. 3 OF 2018 Feuer-Goldstenin Inc ...Applicant

Versus

Michael Hill Franchise Pty Ltd

...Respondent

Mr Pushkraj Deshpande, i/b Vinay J Bhanushali, for the Applicant Ms Neha Sonawane, i/b Anand and Anand and Khimani, for the Respondent.

Mr Hemant Samanta (Witness on behalf of the Respondent) present. CORAM: G.S. PATEL, J DATED:

3rd May 2018 PC:- 1.

By my order dated 6th April 2018 I requested Mr Farhan Dubash to serve as a Commissioner to record the evidence and statement of one Hemant Samanta of Jewelex India Private Limited. His report of 21st April 2018 is in my hand along with certain accompanying documents. These include a bill for the additional expenses Mr Dubash incurred, and his memo of professional fees. 2.

Ms Sonawane for Mr Samanta requests that he be given a copy of the report and the notes of evidence recorded. These will be provided to her.

3rd May 2018

919-MAPP3-18.DOC 3.

A second copy of the entire set of documents i.e. the Commissioner's report, the Notes of Evidence, all accompanying documents or attachments will be prepared by the Registry and given to the lawyers appearing for the Plaintiff. They are requested to transmit this copy by courier to the law offices of Mr Frank Taddeo Jr. The original is to be transmitted directly by the Registry to the United States District Court for the Southern District of New York, USA, in relation to Case No. 16-cv-9987PKC (Feuer-Goldstein Inc and Michael Hill LLC and Michael Hill Pty Ltd), marked to the attention of the Hon'ble P. Kevin Castel, United States District Judge, US District Court for the Southern District of New York, 500 Pearl Street, New York, NY 10007. The Registry will ensure that this dispatch is through a reputed courier service such as UPS, Fedex or Blue Dart/DHL.

4.

The Plaintiffs' attorneys are requested to make the necessary arrangements for reimbursement directly to Mr Dubash of the expenses he has incurred and to pay his professional fees. In addition they will reimburse the High Court Registry for the costs of the courier.

5.

The Miscellaneous Application is disposed of in these terms. (G. S. PATEL, J) 3rd May 2018