1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Misc. Petition No.4 of 2008 Alan Jamal & anr. .. .. Petitioners v/s. Nilesh Kedia & anr. .. .. Respondents Mr.Venkatesh Dhond with Peer M. Rafique, S.N.Varma i/by Singhania & Co. for petitioners. Mr.Vinod Kothari i/by Apex Law Partners for respondent No.2. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 28th April 2008 P.C. : 1. A letter rogatory has been issued by the United States District Court for the District of New Jersey, U.S.A. upon this Court. 2.Respondent No.2 has been served a witness summons for giving evidence in the above suit filed in the aforesaid Court on Commission. Respondent No.2 has appeared through his Advocate and challenged the allegations made in the petition against them. 3.The petitioners have sued the 1st respondent in the U.S. 2 District Court. A cross suit has been filed by respondent No.2, the brother of respondent No.1 in that Court. This Court is not concerned with the merits of the contentions of the parties. Without prejudice to the rights and contentions of the parties, the evidence of respondent No.2 shall be led before a Commissioner appointed by this Court. 4.By consent of the parties, Mr.Salil Shah, Advocate, is appointed Commissioner to record the evidence of the respondents in the aforesaid suit. 5.The parties shall appear before the Commissioner on 11th June, 2008 at 10 A.M. at a venue to be decided by the parties on or before 1st June, 2008 by correspondence. 6.The Commissioner shall proceed from day to day from 10 A.M. to 4 P.M. 7.The respondents shall produce documents mentioned in Schedule-A to the letter rogatory. 8.By consent, the proceedings of the Commission shall be video-taped. At the end of the Commission, the tape shall be sealed by the Commissioner and given to the petitioners. 3 9.The petitioners shall pay costs of the Commissioner as fixed by the Commissioner. 10.The petition is disposed of accordingly. [SMT.ROSHAN DALVI, J.]