1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1974 OF 2009 IN SUIT NO.1580 OF 2004 Mrs.Skriti Maingi ....Plaintiff V/s. Indrani Chowdhary & Anr. ....Defendants Ms.J.M. Sidhwa i/b Joseph & Associates for the Plaintiff. Mr.Satish Mishra i/b Mr.A.M. Saraogi for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST, 2009. P.C. :- 1. The Defendants have taken out this Notice of Motion for setting aside the ex-parte order dated 15.4.2009 and to allow them to lead evidence. 2. By an order dated 4.4.2009, the Court noted that the Plaintiff’s evidence was closed and directed the Defendants to file an affidavit of examination in chief, if any, within two weeks and to produce all the original documents. The Defendants however, failed to do so. Even today, the affidavit is not ready. 3. However, the order dated 4.4.2009 permitted the Defendants to file their affidavit within two weeks which expired on 18.4.2009, whereas the order sought to be set-aside was passed on 15.4.2009. 4. In the circumstances, the Notice of Motion is made absolute in 2 terms of prayer (a). The Defendants shall file the affidavit of examination in chief of their witnesses, if any, on or before 17.7.2009 and produce all the original documents by that day. The parties are at liberty to tender the documents before the learned Commissioner for recording evidence, who shall record the objections to the same, if any. The parties shall be entitled to cross-examine the witnesses without prejudice to such objections which shall be decided at the hearing of the suit. The parties shall appear before the learned Commissioner in the first instance on 20.8.2009 and thereafter as directed by the learned Commissioner. 5. The Notice of Motion is accordingly disposed of.