Mukta Construction A Partnership Firm And 4 ORS. v. Mrs. Lilavantiben Chhabildas Sanghvi And 6 ORS.

Nitin 1 / 2 MNOB-NMS-1590-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1590 OF 2015 IN SUIT NO. 1223 OF 2005 Madhusudan C. Sanghvi ...

Applicant / Def. No. 6.

IN THE MTTER BETWEEN :

Mukta Constructions and Ors. ...

Plaintiffs

Versus

Lilavatiben C. Sanghvi and Ors. ...

Defendants Mr. Banerjee i/b. Mahesh Jani & Company for the Plaintiffs. Mr.Amin a/w. Mr. P. Sharma i/b. B. Amin and Company for the Applicant / Defendant No. 6.

CORAM : S.J. KATHAWALLA, J.

DATED : 4 TH DECEMBER, 2015 P.C.

1.

Mentioned. Not on board. Taken on board.

2.

Perused the Notice of Motion and the Affidavit in support thereto. For the reasons set out in the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clause (a), which is reproduced hereunder :

"(a) That this Hon'ble Court be pleased to recall the order dated 7 th May, 2015 passed by her Ladyship the Hon'ble Mrs. Justice Roshan S.

Nitin 2 / 2 MNOB-NMS-1590-2015 Dalvi appointing Mr. Brijesh Upadhyay as Court Commissioner for recording evidence of the witness of Defendant No. 6 and appoint such other person as Court Commissioner".

3.

Mr. S.S. Bobde, Advocate is appointed as Commissioner to record the evidence of the witness of Defendant No. 6 in place of Mr. Brijesh Upadhyay, Advocate and submit his report to this Court on 21 st December, 2015.

5.

Stand over to 21 st December, 2015 for Directions.

6.

The Chamber Summons is accordingly disposed of. ( S.J.KATHAWALLA, J. )