Neville S. Daruwala v. Farzandi Neville Daruwala

Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PARSI SUIT NO. 26 OF 2008 WITH NOTICE OF MOTION NO. 13 OF 2013 AND NOTICE OF MOTION NO. 9 OF 2014 AND NOTICE OF MOTION NO. 1 OF 2015 AND NOTICE OF MOTION NO. 3 OF 2015 AND CONTEMPT PETITION NO. 1 OF 2015 AND PARSI EXECUTION APPLICATION NO. 1 OF 2015 (Petition E.R. No. 163 of 2014) AND PARSI MISC. APPLICATION NO. 1 OF 2015 (Criminal Misc. Application No. 24 of 2014) AND PARSI MISC. APPLICATION NO. 2 OF 2015 (Petition E.R. No. 176 of 2015) Neville S. Daruwala ...Plaintiff

Versus

Farzandi Neville Daruwala ...Defendant

Ms. Shefali Bhasin, for the Plaintiff.

Mrs. Nityoah Mehta, with Ms. Naziya Khan, i/b M/s. Vityoah Suneel & Associates, for the Defendant.

CORAM: G.S. PATEL, J DATED:

16th July 2015 PC:- 1.

Mrs. Mehta, learned Advocate for the Defendant, states that she needs to file additional Affidavit of the Defendant in Notice of Motion No. 9 of 2014. She tenders an Affidavit dated 14th July 2015. Affidavit to be filed in the Registry after being sequentially paginated in that record. A copy, after pagination, is to be served on Ms. Bhasin, learned Advocate for the Plaintiff. 2.

In addition, Mrs. Mehta states that she will need to file a further Affidavit in CRMA No. 24 of 2014, transferred from the Family Court and now renumbered as Parsi Miscellaneous Application ("PMA") No. 1 of 2015. That Affidavit is to be filed and served on or before Monday, 20th July 2015. 3.

Ms. Bhasin will be entitled to file an Affidavit in response to both these Additional Affidavits on or before 27th July 2015. 4.

No further Affidavits are to be filed thereafter since all these matters have been pending for a very long time and require now to be disposed of at the earliest.

5.

There is a typographical error in paragraph 3(b) of the order dated 9th July 2015. The correct reference is "ER No. 176 of 2015"

and not ER No. 176 of 2014".

6.

Ms. Bhasin points out that in the compilation a portion of the cross-examination is seem to be missing. Ms. Bhasin will be at liberty to complete the record with a separate compilation of the entire examination-in-chief and cross-examination. This is to be done on or before 27th July 2015.

7.

List all the matters (mentioned in paragraphs 2 and 3 of the order of 9th July 2015) on 17th August 2015 at 3.00 p.m. (G. S. PATEL, J.)