1 WP 6887/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6887 OF 2010 Chembur Service Station ...Petitioner vs. Bharat Petroleum Corporation Limited ...Respondnet Mr.Jawahar J. Thakkar for the Petitioner. Mr.S.J. Chaurasia for the Respondent. CORAM : J.H. BHATIA, J. DATED : SEPTEMBER 7, 2010 P.C. :- 1. Heard. This Court had directed the trial court to dispose of the suit No.706/2009 by the end of July 2010. Admittedly, later on, the time was extended till 31st October, 2010. It appears that before that time was extended, on 24th August, 2010, the trial court rejected the prayer of the petitioner/plaintiff of taking the affidavit of its own witness Somnath Hole on the ground that the plaintiff had not given the list of witnesses and even on that date, in the morning, the Advocate for 2 WP 6887/2010 the plaintiff was unable to disclose the name of its own witness. 2. The learned Counsel for the petitioner challenges this correctness of the observation. However, I see no reason to disbelieve the observation of the learned Judge. The learned Counsel for the petitioner makes a statement that the petitioner/plaintiff does not want to examine any more witness. Therefore, in the interest of justice, the petition is allowed and the trial court is directed to accept the affidavit of evidence of PW Somnath Hole and to proceed as per law, subject to payment of costs of Rs.5000/- to be deposited with the State Legal Aid Authority within one week from today. 3. Parties to act on the authenticated copy of this order. (J.H. BHATIA, J.)