:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 3454 OF 2008 OF MOTION NO. 3454 OF 2008 OF MOTION NO. 3454 OF 2008 IN IN IN SUIT SUIT SUIT NO. 920 OF 1981 NO. 920 OF 1981 NO. 920 OF 1981 Randhir Singh Bhalla. ... Plaintiff. V/s. Mangal Prabhat Co-operative Hsg. Society Ltd. ... Defendants. Mr. D.V. Merchant, Sr. Counsel i/b. M/s. Shah & Sanghvi for the Plaintiff. Mr. A. Rajput i/b. Dave & Girish & Co. for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 12TH 12TH 12TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . This is a Plaintiff’s Motion for requesting the Court to record his evidence at New Delhi and for that purpose Appoint a Commissioner. 2. The Defendants are duly served with this Motion and there is no reply affidavit filed. 3. At the hearing of the Motion, both sides agreed that no prejudice will be caused to the parties if the Commissioner is appointed to record evidence of the Plaintiff at New Delhi. However, the Plaintiff should bear costs of this Commission so also travelling expenses of the Defendants’ representative and their :2: Advocate/Counsel so also their stay at Delhi as and when Commissioner records the evidence. On this agreement, the Notice of Motion is made absolute in terms of prayer clause (a). 4. Mr. Salil Shah, practising Advocate of this Court is appointed as Commissioner to record evidence of the Plaintiff at New Delhi. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)