1 chs1399-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1399 OF 2011 IN SUIT NO.2028 OF 2007 Ravi Prakash Parikh. ..Plaintiff -versus- Karishma R. Uchil and another. ..Defendants Mr.Piyush Shah, for the Plaintiff. Mr.P.M.Shah, for the Defendant Nos.1 and 2/Applicants. CORAM : S.C.DHARMADHIKARI, J. 14th September 2011. P.C.: 1] This application is by defendants seeking leave to examine one more witness as a witness which would be summoned by the defendants. 2] It is stated that although, the evidence has been closed and the Commissioner has submitted a report, yet, in the light of the fact that the report has been forwarded to the defendants by the 2 chs1399-11.doc handwriting expert his deposition is vital for defendants case and the defence in the suit. Since, this is the only witness, which is sought to be examined by the defendants, even if there is some delay, this Court should grant reasonable opportunity in the interest of justice. 3] This request is opposed by Mr.Shah appearing for plaintiffs and states that once the evidence has been closed and the Commissioner has submitted the report, there is no question of any witness being examined and particularly when the plaintiffs have closed their case. 4] In the light of the fact that the defendant does not wish to examine any witness, save and except, placing on record the opinion of handwriting expert which is obtained by him and he is also ready and willing to make this handwriting expert available for cross examination of the plaintiffs, interest of justice would be sub- served if following direction is issued:- (a) The defendants to file the affidavit in lieu of examination 3 chs1399-11.doc in chief and affidavit of documents of the said handwriting expert/witness within a period of two weeks from today with advance copies to plaintiffs' Advocate. The witness shall be made available for cross examination and the entire exercise shall be completed within four weeks from today. No further extensions will be granted under any circumstances and if the witness fails to file affidait, defendant's right to lead evidence shall stand forfeited. Defendants to pay costs quantified at Rs.2500/-. Costs to be paid within one week to the plaintiffs' Advocate. (b) Needless to clarify that the Commissioner who has been appointed by this Court to record evidence to take up this assignment and complete the same as directed and submit his report. (S.C.DHARMADHIKARI, J)