1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 340/2009 Gangarambhai Mohanbhai Patel vs. M/s. Radha Madhao Builders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 11 th FEBRUARY , 2009 Heard Shri A.K.Kharabe, Advocate, for the petitioner and Shri Shelat, Advocate, for the Respondent. The petitioner challenges the order dated 6.1.2009 passed by the Judge, Small Causes Court, Nagpur, in R.C.S. No. 23/2007 “Order below Exh.90 Rejected as it amounts to attempt to delay the proceedings. I could not understand the reason as to why steps are not taken on the same day when order is passed. Therefore, grounds stated in the application is not bonafide one, hence rejected.” The learned counsel for the respondent has no objection to allow the petition by setting aside the impugned order and allowing the 2 defendant to issue process to his witness. As such, impugned order is quashed and set aside. The learned trial Judge is directed to allow the defendant to reissue summon and examine those witnesses, as last chance. The defendant may comply the necessary requirements within 10 days , so that the matter can be heard on the date fixed on 5th March, 2009. Petition disposed of. JUDGE Rvjalit