1 WP1443/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1443 OF 2011 Indraraj s/o Popat Chinchpure Petitioner V E R S U S Amrut Sanjivani Sugarcane Transport Pvt. Ltd. and others Respondents Mr. S.S. Chapalgaonkar, Advocate, holding for Mr. S.P. Chapalgaonkar, Advocate for the petitioner Mr. V.D. Hon, Advocate for respondent No.1 CORAM : A.V. NIRGUDE, J. DATED : 15th July, 2011 ORAL ORDER : This writ petition challenges the order dated 31st January, 2011, passed by the learned Civil Judge, Senior Division, Kopargaon on Exh. 575, in Special Civil Suit No. 75 of 2005. The application was moved by the defendant / petitioner seeking permission to cross examine the plaintiff and his witness. It so happened that this case was pending for cross- examination of the plaintiff and his witness since April, 2008. The defendant No.1/ petitioner’s Advocate absent repeatedly. But, having regard to the seriousness of the case and the claim made against petitioner / defendant No.1, the learned Judge of the trial Court should have been more considerate in allowing the application imposing certain costs. I am inclined to do so. On petitioner’s depositing costs of Rs.2,000/- in the lower Court, he is permitted to cross examine the plaintiff and his witness. The parties shall appear before the lower Court on 26th July, 2011. In view of above, petition stands disposed of. ( A.V. NIRGUDE, J. ) SRM/wp/1443/11/15/7/11 2 WP1443/11