1 s785-91.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Suit No. 785 of 1991 Mrs. Priya Indur Advani .. Plaintiff v/s. United Healthcare Ltd. ..Defendants Mr.S.M.Gorwadkar with B.G.Saraf for the Plaintiffs. Mr.Tushar Gujjar & Ms. Aditi Chavan with Ashwin Ankhad for the Defendant CORAM : R.Y.GANOO, J. DATED : 23rd September , 2010 P.C. : 1. Learned Counsel for the defendants has tendered compilation of documents on which defendants want to rely upon. Evidence affidavit of Nandkumar M. Patil, Manager of the defendant is already filed. Heard learned Advocates on both sides. Perused evidence affidavit dated 11.6.2009 and compilation of documents. In all 13 documents are relied upon by the defendant. They are marked as “X, X-1 etc upto X-3, X-3A and X-4 to X-11”. 2. Counsels on both sides pray that recording of evidence now can be done before the Commissioner Mr. Vishal Kanade, who has already 2 s785-91.sxw acted as Commissioner so far as recording of evidence of plaintiff. Hence learned Advocate Mr. Vishal Kanade is appointed as Commissioner to record evidence of defendant’s witness Mr. N.M. Patil. Commissioner to finish is job on or before 25.11.2010. 3. Counsels on both the sides shall contact the Commissioner and fix the date on which the recording of evidence of Mr. Patil will commence. 4. Since the documents relied upon by the defendants are marked for identification, after the cross examination is over, the Commissioner shall file his report. Depending upon the cross examination, the documents which are marked for identification may be reconsidered for marking as exhibit. After the evidence of Mr. Patil is over, if the defendant wants to examine any other witness to bring on record additional evidence or to prove such of documents which will not get marked as exhibit, liberty is given to the defendant to do that. [R.Y.GANOO, J.]