IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 346 OF 2006 IN SUIT NO. 578 OF 1987 DEVASAHAYAN SOMAN ... PLAINTIFF. VS. M/S. JAI INDUSTRIES & ANR. ... DEFENDANTS. MR. AJAY FERNANDES WITH JAYESH VYAS I/B. BILAWALA & CO. FOR THE KPLAINTIFF. MS. E. MENEZES I/B. ZARIWALLA & CO. FOR THE DEFENDANT NO.1. Coram : S.K.Shah, J. Coram : S.K.Shah, J. Coram : S.K.Shah, J. Date : July 12, 2006. Date : July 12, 2006. Date : July 12, 2006. P.C. 1. Plaintiff has filed the affidavit of documents, affidavit of evidence and the compilation of documents. Taken on record. 2. None for the defendant No. 2. The affidavit of service of Chamber Summons on defendant No. 2 is filed. 3. The Chamber Summons is for appointment of Commissioner for recording of the evidence of the parties. 4. The learned Counsel for the defendant No.1 opposes the Chamber Summons. However, I do not find any merit in the opposition. 5. Chamber Summons is therefore allowed and made absolute. Advocate Mr. Sandeep Parikh is hereby appointed a Commissioner to record the evidence of the parties. The Commissioner shall proceed with recording of the evidence of the parties even if no one appears on behalf of the defendant No. 2. Commissioner to submit the Report within eight weeks. 6. Plaintiff to bear the costs of the Commissioner, which would be subject to the final Order with regard to the costs. .... [S.K.Shah , J.] [S.K.Shah , J.] [S.K.Shah , J.]