S.B. CIVIL MISC. IIND STAY PETITOIN NO.12889/2008 IN S.B. CIVIL WRIT PETITION NO.5949/2008 Date of order : 22nd September, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. A.K. Rajvanshy for the petitioner. None present for the respondents. --------- 1. Heard learned counsel for the petitioner. None present for the respondents despite service. 2. This case comes up on second stay application. Learned counsel for the petitioner submits that this Court has passed interim order on 27.8.2008 directing that the defendant's evidence may not be closed by the trial court which had already been closed on 13.8.2008 and on account of said information not being available with the counsel for the petitioner, the said order was granted in these terms which could not enure to the benefit of the plaintiff-petitioner. 3. Learned counsel for the petitioner, therefore, submits that either the final decision of the suit itself may be stayed or in the alternative since only one of the defendant's witness i.e. Expert was required to be examined by the learned trial court, appropriate directions may be given to the learned trial court to take evidence of the expert, who has to examine the cheque in question. 4. In the facts and circumstances of the case, this writ petition is disposed of with the direction to the learned trial court to permit the defendant to get the cheque in question examined by an expert and the said expert would be allowed to depose before the learned trial court as defendant's witness. The same may be done by the learned trial court on 13th October, 2008 and thereafter the trial of the suit may be proceeded. 5. The writ petition is disposed of with the aforesaid directions. [ DR. VINEET KOTHARI ], J. item No.14 babulal/-