1 CHS.1677.10-S.1210.2000 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1677 OF 2010 IN TESTAMENTARY SUIT NO. 1210 OF 2000 Chandrakant Fakira Telge ...Plaintiff Vs. Arun Fakira Telge & 11 ors. ...Defendants Ms. E.A. Gonsalves for Plaintiff Ms. Gunjan Shah i/b. S.A. Sawant for Defendant No.1 Mr. R.G. Megh for Defendant No.2C CORAM : SMT. ROSHAN DALVI, J. DATED : 25TH JANUARY, 2011 P.C. : 1. On 16 th September 2010 Court Commissioner was appointed by consent of the parties to record the evidence of the parties in this suit. The Plaintiff and Defendant No.1 state that the fees of the Court Commissioner are not affordable. Defendant No. 2(c) has to be cross examined. Defendant No.2(c) is prepared to pay the fees of the Court Commissioner so that the cross examination can be expeditiously completed subject to reimbursement of part of the fees as costs upon the final hearing of the suit, if the case of Defendant No.2(c) on merits is seen to be merited. 2 CHS.1677.10-S.1210.2000 2. Consequently, the parties shall attend before the Court Commissioner on 10 th February 2011 at 5 p.m to fix the date for recording of the cross examination of Defendant No.2 (c) and further witnesses as directed on 16 th September 2010. 3. It is clarified that the Court Commissioner shall observe the directions passed on 16 th September 2010 to fix a date for cross examination for the next date and then proceed preferably day- to-day. 4. The Chamber Summons is disposed off accordingly. (SMT. ROSHAN DALVI, J.)