IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION. CHAMBER CHAMBER CHAMBER SUMMONS No. 1274 of 2005 SUMMONS No. 1274 of 2005 SUMMONS No. 1274 of 2005 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION No. 126 of 2002 APPLICATION No. 126 of 2002 APPLICATION No. 126 of 2002 IN IN IN SUIT SUIT SUIT No. 1410 of 1999. No. 1410 of 1999. No. 1410 of 1999. M/s. Plating Products Agencies. ..Plaintiffs. Versus. M/s. Refco Industries. ..Defendants. And Dineshkumar M. Mehta. ..Applicant. Mr. Pankaj Shah for the plaintiff. Mr. Rakesh Dave i/b M/s. N.N. Vaishnava & Co. for the applicant. CORAM CORAM CORAM : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. : S.C.DHARMADHIKARI,J. DATE DATE DATE : 21st June, 2006. : 21st June, 2006. : 21st June, 2006. P.C. P.C. P.C. 1. By consent of the applicant and the plaintiff/decree-holders, Shri. Pankaj Kowli is appointed as Court Commissioneor to record evidence. The applicant to file his affidavit in lieu of his examination-in-chief within a period of four weeks from today with copy to the plaintiff/decree holders’ Advocate. 2. Thereafter, the decree-holders shall be at - 2 2 2 - liberty to cross-examine the applicant and to lead their own evidence. 3. Needless to state that the parties would be at liberty to summon Mr. Dineshkumar Mehta who is employee and partner of judgment debtor/firm. 4. The Commissioner shall take the documents on record and allow the parties to cross- examine the witnesses. Needless to state that issue of admissibility of the documents and their contents shall be decided by the Court. 5. The Commissioner to forward his report within a period of eight weeks from the date the work of recording evidence is commenced by him. 6. Both sides (applicant and decree- holders) agree to share the expenses of Court Commissioner. 7. Chamber Summons shall be listed after the Commissioner completes recording of evidence and forwards his report to the Court. Needless to state further that if the applicant does not file the affidavit in lieu of examination-in-chief within a period of four weeks the Chamber Summons to stand dismissed without further reference to the court. - 3 3 3 - 8. This order does not prevent the decree holder from proceeding with the execution in so far as assets and properties of Judgment-debtor are concerned. 9. As far as the subject-matter of Chamber Summons is concerned, no steps in Execution in that behalf shall be taken for a period of four weeks from today. 10. Liberty to apply. (S.C.DHARMADHIKARI (S.C.DHARMADHIKARI (S.C.DHARMADHIKARI,J)J)J)