- 1 - 1499group (copy) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1504 OF 2010 Bhanumati Anand .. Petitioner vs Bank of Maharashtra .. Respondent Mr.V.T.Tulpule with Ms.Nisha Parab for Petitioner. Mr.R.J.Mane AGP for Respondent nos. 1 and 2 in W.P.No.1504/2010 and 1505/2010 Mr.Karl Shroff with Mr.Jayesh Desai i.b Singhi & Co for Respondent nos. 3 CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ DATED: December 21, 2010 P.C. Leave to amend. Amendment to be carried out within a period of one week. 1. On behalf of the bank a witness was being examined in support of their case. That witness has been partly cross-examined. - 2 - 1499group (copy) The cross-examination is incomplete. The witness has retired from bank and therefore, the bank is not in a position to procure his presence and the bank has expressed its inability to make that witness available for cross-examination. It means that the bank will not be able to rely on any part of deposition of that witness. The bank may, if so advised examine other witnesses to prove their case. It goes without saying that the opponent who is the petitioner will in law be entitled to use any part of the deposition of the witness who has been given up by the bank, for any purpose for which it can be used under law. In this view of the matter, we see no reason to interfere. Rejected. D.K.Deshmukh, J N.D.Deshpande, J - 3 - 1499group (copy) - 4 - 1499group (copy)