: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1000 OF 2009 IN SUIT NO.3598 OF 1996 Mrs. Snehalata Nevatia .. Plaintiff V/s. Dileep Nevatia & Ors. .. Defendants ..... Mr. Avinash Joshi i/by Mulla & Mulla for the plaintiff Mr. Prem Gidwani for defendant Nos.1 and 2. ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 23rd SEPTEMBER, 2009. P.C. : 1. Since both sides do not want the evidence to be recorded before the Commissioner, and both have elaborated their reasons as to why they do not wish to continue recording of evidence before the Commissioner, interest of justice would be sub-served if the appointment of the Commissioner to record the evidence is revoked. 2. Parties state that further evidence should be recorded in the Court and more particularly considering : 2 : the time that has already gone by in cross-examining the plaintiff, the plaintiff has stepped into box in a suit of 1996 and despite the directions to expeditiously dispose off the suit, it appears that the matter is prolonged. In these circumstances, the parties must complete the evidence before the Court now. Let the witness remain present on 12 th October, 2009 at 3.00 p.m. (S.C. DHARMADHIKARI, J.)