1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION MISC. PETITION NO. 8 OF 2008 Softwareart Corporation ...Petitioners Vs. Satyajit Gopalakrishnan & Ors. ...Respondents Mr.Peer M. Raffique along with Mr. R.g. Singhania and Mr. S.N. Verma i/b. Singhania & Co for Petitioners CORAM: SMT.ROSHAN DALVI, J. DATED: 18 TH JUNE, 2008 P.C. 1. Three letters Rogatory have been issued by the United States District Court for the District of New Jersey, U.S.A in Civil Proceedings between the Petitioners and Respondents 1 to 7 herein for examining an officer of the H.D.F.C. Bank Ltd., as a witness in the civil action between the parties as well as for production of documents of the Respondent No.8 Bank mentioned in the three Schedules annexed to the Petition. 2. Issue witness summons upon Respondent No.8 H.D.F.C Bank Ltd., Kamala Mills Compound, 2nd floor, Senapathi 2 Bapat Marg, Lower Patel (West), Mumbai- 400 013 to depute an Officer of the Bank along with the documents mentioned in the Schedule to appear for giving evidence before the Commissioner appointed by this Court. 3. In an Ancillary Proceedings Misc. Petition No.4 of 2008 Mr. Shalil Shah, Advocate has been appointed as Commissioner. That proceedings is between the same parties. Hence, the same Advocate is appointed Commissioner to record evidence of the witness in this Petition also. 4. I am told that the Commission is not yet begun, because the witness who was required to appear in Misc. Petition No.4 of 2008 failed to appear. The witness who will be the Senior Officer of the Respondent No.8, shall appear before the Commissioner Mr. Shalil Shah, Advocate on 16th July, 2008 at 10.00a.m. At the venue mentioned in the witness summons, which shall be the venue decided by the Commissioner. 5. The witness shall appear along with all the necessary documents mentioned in the Schedule to the Petition. 6. The Petitioners shall pay the costs of the Commissioner as fixed by the Commissioner. 7. The Petition is disposed off accordingly. (SMT. ROSHAN DALVI, J.)