Dimple Drums And Barrels Pvt. Ltd. And 10 ORS v. Rajesh H. Kotadia And 4 ORS

901 chs 866-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION.

CHAMBER SUMMONS NO. 866 OF 2016 IN SUIT NO. 1797 OF 2012 Dimple Drums and Barrels Pvt. Ltd.

& Ors.

..Plaintiff/s v/s.

Rajesh H. Kotadia & Ors.

..Defendant/s Mr. Rohaan Cama, Counsel with Mr. Gaurav Mehta i/b. Bachubhai Munim & Co. for the Plaintiff/s Mr.Kedar Khambere h/f. Vijay Kanoria for the Defendant Nos.1 to 4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13TH MARCH, 2019.

P.C.

1.

This chamber summons was filed by the plaintiff for following reliefs:

(a) that this Hon'ble Court be pleased to delete/strike off the portions of the affidavit of defendant no.1 Mr. Rajesh H. Kotadia dated 23rd November, 2015 in lieu of Examination in Chief as more particularly set out in Schedule "A" ;

(b) in the alternative to the above, this Hon'ble Court be pleased to pps

901 chs 866-16.doc permit the plaintiffs to ignore the portions of the Affidavit of Defendant No.1 Mr. Rajesh H. Kotadia dated 23rd November, 2015 in lieu of Examination in Chief as more particularly set out in Schedule "A" hereto, and to permit the Plaintiffs to not cross examine defendant no.3 thereon, without the consequences of an adverse inference being drawn against the Plaintiffs. 2.

Both the parties have tendered Draft Minutes of Order. Same are taken on record and marked "X" for identification. 3.

Chamber Summons is disposed of in terms of the draft Minutes of Order.

4.

Place the suit on 3rd April, 2019 for marking of documents. (ANUJA PRABHUDESSAI, J.) pps