1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1086 OF 2010 IN SUIT NO. 2463 OF 1985 Smt. Kusum Shivram Shinde and Anr. ... Plaintiffs. V/s. M/s. Byramjee Jeejeebhoy Pvt. Ltd. & Ors. ... Defendants. Mr. Piyush Shah for the Plaintiffs. Mr. D.H. Mehta a/w. Rishit Badiani and Amit Iyer i/b. Hariani & Co. for Defendant 4. Mr. Anil Patel a/w. Ms. Neha Kholkar i/b. Naik Paranjpe & Co. for Defendant 3. CORAM : R.Y. GANOO, J. DATED : 21st JUNE 2010. P.C. :- Learned Advocate for the Plaintiffs states that the Plaintiffs wish that the evidence be recorded in the Court as she is unable to bear the Commissioner’s fees. In view of this peculiar request, the Motion is made absolute in terms of prayer clause (b). It is seen that the Plaintiffs wanted to examine Mr. Bharat Modi, Constituted Attorney of Plaintiff No. 1. The Plaintifffs have understood the position in law as regards evidence to be given by the Power of Attorney and 2 that Plaintiff No.1 wants to step into witness box and give evidence. This prayer also can be granted. Hence, the Motion is made absolute in terms of prayer clause (a). There shall be no order as to costs. The Suit can be taken up for recording of evidence urgently as it is of year 1985. To that extent, the Motion can be granted in terms of prayer clause (c). 2. Plaintiff No.2 was shown as minor aged about 9 years at the time of filing of the Suit in the year 1985. Today, we are in the year 2010. As of today, he is major. The Plaintiffs are permitted to carry out appropriate amendment to show Plaintiff No.2 as major. Re-declaration of the Plaintiffs is dispensed with. Amendment to be carried out on or before 28th June 2010. Both the Plaintiffs should decide as to who will step into the witness box. Accordingly, evidence affidavit should be filed directly in the Court on 12th July 2010 alongwith the compilation of documents. A copy of the same shall be served upon Advocate for the Defendants atleast 10 days in advance. Adjourned to 12th July 2010 for recording of evidence. (R.Y. GANOO, J.)