Reliance Industries Ltd. v. Hindustan Petroleum Corporation Ltd And 2 ORS

NMS394.16-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.394 OF 2016 IN SUIT NO.1276 OF 1997 Reliance Industries Ltd.

)....Plaintiffs V/s.

Hindustan Petroleum Corporation Ltd. & Ors.)....Defendants ---- Ms.Melanic D'souza and Mr.Gaurav Thakur i/by M/s.A.S.Dayal & Associates for plaintiffs.

Mr.Ashiya Shaikh i/by Rustamji & Ginwala for defendant no.1. Mr.Mantul Bajpai i/by Croford Bayley & Co. for defendant no.2. Ms.Neeta Jain and Mr.Jayesh Mestry i/by RMG Law Associates for defendant no.3.

---- CORAM : K.R.SHRIRAM,J DATE : 28.8.2017 P.C.:- Counsel for applicants states that nothing survives in the Notice of Motion. Notice of Motion disposed. Ms.D'souza for plaintiffs states that no progress has been made in recording of evidence of PW-1. There has been no movment for almost 3 years.

Therefore, as and by way of last chance, time to complete recording of evidence of PW-1 is granted upto and including 31.10.2017. The Commissioner to fix minimum two/three dates per session for cross examination of PW-1. If the parties do not respond KJ

NMS394.16-15 promptly within 48 hours of receiving a communication from the Commissioner suggesting the subsequent dates, the Commissioner to go ahead and fix the dates convenient to the Commissioner and the parties shall make themselves available at the time and dates fixed by the Commissioner. If the plaintiffs or the witness does not remain present, the Commissioner should close the evidence of PW1 and if the defendants do not remain present to cross examine the witness, the defendants cross examination should be treated closed as no cross. Once the dates are fixed, the Commissioner not to grant adjournment on any ground whatsoever.

(K.R.SHRIRAM,J) KJ