1 nms1075-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 1075 of 2011 . in Suit No. 2655 of 1989 Godrej & Boyce Mfg. Co. Ltd. .. Plaintiff v/s. Shridhar J. Nerurkar ..Defendant Mr.Chirag Balsara i/b. Tejas Deshmukh for the Plaintiffs. Mr.Kamal Khatta i/b. Mehta & Co. for the Defendants CORAM : R.Y.GANOO, J. DATED : 17th August, 2011 P.C. : 1. Heard learned Counsels for the parties. By this motion, in particular prayer clause (a) defendants have prayed that the suit be dismissed, or in the alternative fresh Commissioner should be appointed and evidence should be recorded in fixed time frame. 2. After having heard learned Counsels on both sides, one thing is clear that for one reason or other the matter is not coming up before the Commissioner. In my view imposing penalty of dismissal would not be proper. At present the Commissioner has returned the papers. 2 nms1075-11.sxw 3. Looking to the various developments which have taken place, it would be proper to record evidence in the court. Accordingly, matter now stands adjourned to 29th August, 2011. Commissioner to sent all the papers, which are with him, if not already sent, before 29th August, 2011. 4. Parties to take inspection of the record and ascertain whether papers have been sent by the Commissioner to the office of this court. 5. Adjourned to 29th August, 2011 for recoding of evidence. 6. Motion stands disposed of in above terms. [R.Y.GANOO, J.]