1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4162 OF 2009 IN SUIT NO.3006 OF 2007 Anna Isabella Rana @ Nancy Rana ....Plaintiff V/s. Anthony George D’Souza & Ors. ....Defendants Mr.Chirag Shah i/b Mr.J.J. Shah for the Plaintiff. Mr.M.J. Jamdar for Defendant Nos.1 and 2. Ms.Calcuttawala, A.G.P. for Defendant No.4. CORAM : S.J. VAZIFDAR, J. DATE : 8TH DECEMBER, 2009. P.C. :- 1. By consent, the Notice of Motion is placed on board and heard finally. 2. For the reasons stated in the affidavit in support, the Notice of Motion is made absolute in terms of prayers (a), (b) and (c). 3. The written statement to be filed on or before 31.1.2010. The affidavit of documents shall be filed within six weeks thereafter. Discovery and inspection forthwith thereafter. 4. The parties have agreed to have the evidence recorded on commission for which they have agreed to apply for the directions after the issues are framed. The costs of the Commissioner shall be shared initially by the Plaintiff on the one hand and Defendant Nos.1 and 2 on the other. 2 The same however shall be subject to the final orders at the hearing of the suit. 5. It is however, clarified that this order shall be without prejudice to all the rights and contentions of the Plaintiff including in respect of Notice of Motion No.3704 of 2009 by which the Plaintiff has sought a decree on admission. 6. The Notice of Motion is accordingly disposed of.