:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 2148 OF 2008 PETITION NO. 2148 OF 2008 PETITION NO. 2148 OF 2008 Smt. Roshan F. Madan & Anr. ..Petitioners V/s The Oriental Insurance Co. Ltd. & Ors. ..Respondens Mr.D.D. Madan, Sr. Counsel a/w Ms Ferzana Behram Kamdin i/b M/s FZB and Associates for the petitioners Mr. V.Y. Sanglikar for respondent No.1 Mr. Y.R. Mishra a/w D.A. Dube for respondent No.3 CORAM CORAM CORAM : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND : P.B.MAJMUDAR AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 23RD SEPTEMBER, 2008 : 23RD SEPTEMBER, 2008 : 23RD SEPTEMBER, 2008 P.C. 1. The petitioners are facing the proceedings initiated under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The proceedings are pending before respondent No.2 in this behalf bearing Case Nos.32 and 32A of 1997. The grievance of the petitioner is that on the relevant day, as the petitioner was little bit late, his right of cross-examination has been forfeited. It is submitted by the learned Sr. Counsel Mr. Madan that the next date of hearing is 3rd October and the petitioner shall positively remain present for the purpose of cross-examining the concerned witness, if the said witness is present on the relevant day for :2: such cross-examination. Mr. Madan states that the petitioner will not take unnecessary adjournment and will co-operate with the early disposal of the proceedings and further states that this Court may pass orders as it deems fit. 2. Considering the facts and circumstances of the matter we set aside impugned order dated 12th August, 2008. We permit the petitioner to cross-examine the witness in question. The respondent No.1 may keep said witness present on 3rd October, 2008 at 3,30 p.m. and for further dates for cross-examination and thereafter the petitioner shall remain present on subsequent dates fixed for hearing and may not take unnecessary adjournments. It will be open for the concerned authorities hereafter to expedite the proceedings, as the proceedings are pending since long. The learned Counsel for the respondent has not seriously contested the matter. 3. The petition is accordingly disposed of subject to aforesaid directions. (P.B. (P.B. (P.B. MAJMUDAR, J.) MAJMUDAR, J.) MAJMUDAR, J.) :3: ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)