Maria F. Sequreira And 2 ORS. v. Feroze H. Dugan And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE'S ORDER NO. 287 OF 2015 IN SUIT NO. 1718 OF 2012 Dr. Feroze Homi Duggan ...

Applicant

IN THE MATTER OF :

Mrs. Maria Felicia Sequeira and Ors.

...

Plaintiffs

Versus

Dr. Feroze Homi Duggan and Anr.

...

Defendants Mr.R.S. Tripathi i/b. N.J. Chavan for the Plaintiffs. Mr. Shailesh Shah a/w. Mr. Prakash Ganwani, Mr. J.S.Solomon, Ms. Soniya Putta, Mr. Shanay Shah, Ms. Kinjal Shah i/b. M/s. Solomon and Company for the Applicant.

Mr. Kiran Jain i/b. Kiran Jain and Company for Defendant No. 2. CORAM : S.J. KATHAWALLA, J.

DATED : 9 TH OCTOBER, 2015 P.C.

1.

The learned Senior Advocate appearing for Defendant No. 1 states that for the purpose of deciding the preliminary issue under Section 9A of Civil Procedure Code, 1908 on limitation, his clients are not desirous of examining themselves and that they shall be examined at the time of final hearing and disposal of the Suit, if so advised. He therefore seeks leave of this Court to get the letter of request issued to the Sub Registrar of Mumbai and to the

2 / 3 Government Photo-Registry, Pune to produce the necessary / relevant documents and to examine the Registrar at this stage. In view thereof, liberty is granted to the Applicant to take out letters of request in the names of SubRegistrar of Mumbai City and Government Photo-Registry, Pune. 3.

The Judge's Order taken out by Defendant No. 1 is therefore not pressed and is accordingly disposed of.

4.

Place the matter on 13 th October, 2015 under the caption FOB.

( S.J.KATHAWALLA, J. )

3 / 3 CERTIFICATE Certified to be true and correct copy of the original signed order.