( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3570 OF 2010 Chainmal Pannalal Kothari & another PETITIONERS VERSUS Jugalkishor Phulchand Agrawal & others RESPONDENTS .... Mr. M.D. Joshi, advocate for the petitioners. Mr. Rajendra Deshmukh, advocate for respondents No. 20 and 21. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 2nd July, 2010] PER COURT : 1. Heard learned counsel. 2. By consent, petition is being disposed of on following terms : (i) The petitioners shall pay cost of Rs. 3000/- to the respondent No. 21 and on payment of such costs within two (2) weeks, by way of depositing the same in the trial Court, the petitioners shall be allowed to cross-examine the defendant No. 21. The cross-examination shall be conducted on 21st July, 2010, if the amount of costs is deposited within the given time period. If the cost is not deposited, the right shall ( 2 ) remain forfeited as per the impugned order and the petitioners will have no further right to claim any right of cross- examination during the trial. (ii) The Court Commissioner may be asked to continue with the cross-examination of the defendant No. 21 and that the remaining part of the fees of the Court Commissioner shall be borne by the petitioners as may be determined by the trial Court. The cost be allowed to be withdrawn by the defendant No. 21 and that it shall not be included in the cost of the cause and the same is without final outcome of the trial. Present petition is accordingly disposed of. [V.R. KINGAONKAR] JUDGE NPJ/wp3570-10