Rohini Y. Shah And 2 ORS v. Hiteshbhai N. Sanghvi And 16 ORS
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2279 OF 2019 IN SUIT NO. 8 OF 2013 WITH SUIT NO. 8 OF 2013 Rohini Y Shah & Ors ...Plaintifs
Versus
Hiteshbhai N Sanghvi & Ors ...Defendants Mr Laxman V, for the Plaintifss Mr Gaurav Mehta, with GC Mohanty, i/b M/s Mohanty & Associates, for Defendants Noss 1 to 4 and 6 to 8s CORAM: G.S. PATEL, J DATED:
PC:- NOTICE OF MOTION NO. 2279 OF 2019:
Atul G.
Kulkarni 1.
The Notice of Motion is made absolute in terms of prayer by Atul G.
Kulkarni Date: 2021.03.10 10:48:19 +0530 clause (a). It is for restoration of the Suit. The Suit was dismissed without further reference to the Court for non-compliance with the directions passed on 30th July 2018. There were three sets of directions. The last of these was to fle Compilation of Documents.
The Plaintifs did not comply with this last direction. There was correspondingly no Afdavit of Documents either. The reason given in the Notice of Motion says that the Plaintifs simply have no documents. All the documents are with the Defendant. 2.
On this representation, the Suit is forthwith restored to fle. The order of dismissal is recalled and set aside. It is however noted that the Plaintifs have no documents and will not be fling an Afdavit of Documents. They will not hereafter be permitted to fle the Afdavit of Documents or a Compilation of Documents. 3.
The Evidence Afdavit of the Plaintifss frst witness has already been fled.
4.
The Interim Application is made absolute. No costs. SUIT NO. 8 OF 2013:
5.
Mr Monil Punjabi, learned Advocate of this Court (C/o Mr Vishal Kanade, 103, Gundecha Chambers, NM Road, Mumbai 400 023, Mobile 92244 26201) is appointed as a Commissioner and is requested to record the cross-examination of the Plaintifss frst witness.
(a) The Commissioner is at liberty to exercise discretion under Order XVIII Rule 4(4) of the Code of Civil Procedure, 1908, to note the demeanour of the witnesses where necessary.
(b) All cross-examination shall be conducted strictly in question and answer form.
(c) The Commissioner will also be at liberty to direct that the whole or any part of the cross-examination should be video recorded for later reference of the court. Should that be done, the original audio visual recording will be submitted along with the Commissionerss Report to the Registry.
(d) Liberty to the parties as also to the Commissioner to apply in case of difculty.
(e) All re-examination will be conducted only in court. (f) Costs of the commission shall be borne equally by the parties.
(g) Parties shall also pay costs of Rs. 500/- per hearing to the Court Clerk who attends the Commission with Court Papers. This is required since these clerks attend the commission in addition to their regular duties and outside their normal working hours;
(h) The Commissioner is not to permit any applications for adjournment on dates previously fxed, except where absolutely unavoidable. Counselss inconvenience or unavailability does not constitute such unavoidability.
6.
List the matter on 26th April 2021 for a status report including as to progress before the Commissioner. 7.
copy of this order.
(G. S. PATEL, J)