kbp 1 4085A-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4085 OF 2009 IN SUIT NO.227 OF 1984 Escloses Francis Rodrigues and ors. ..Plaintiffs Vs. Hansa K. Dedhia and ors. ..Respondents ......... Mr.M.F.Rodrigues, plaintiff no.4 (present in person). Mr.P.N.Ganwani i/b.Mr.N.Jagtap, for defendant nos.5 and 6. ......... CORAM : A.S.OKA, J.. DATE : 14 th December, 2009. P.C. : 1] Heard learned counsel for the fifth and sixth defendants in support of the Notice of Motion. I have heard fourth plaintiff appearing in person. He has tendered a reply opposing the Notice of Motion. 2] The prayer in the Notice of Motion is for setting aside the order dated 18 th February, 2009 passed by this court and for permitting the fifth and sixth defendants to cross-examine the fourth plaintiff whose examination-in-chief has been recorded. In view of the averments made in the affidavit-in-support, in particular, in paragraphs 4 to 9 thereof, an opportunity deserves to be granted to the fifth and sixth defendants to cross-examine the fourth plaintiff. The prejudice which may be caused to the fourth plaintiff can be compensated by ordering the payment of costs to him. The amount of costs is quantified to Rs.7,500/-. kbp 2 4085A-09.sxw 3] Notice of Motion is, accordingly, made absolute in terms of prayer clauses (a) and (b) subject to fifth and sixth defendants paying costs of Rs.7,500/- to the fourth plaintiff within a period of six weeks from today. 4] The suit shall be set down on board on 20 th January, 2009 for cross- examination of the fourth plaintiff. ( A.S.OKA, J. )