1 nms2902-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2902 OF 2011 IN SUIT NO.1108 OF 2011 Lokhandwala Infrastructure Pvt. Ltd. ....Plaintiff V/s. Dhobighat Compound Rahiwasi Seva Sangh & Ors. ....Defendants Ms.Pallavi Smriti i/b Wadia Ghandy & Co. for the Plaintiff. Mr.S.G. Surana for Defendant No.1. Ms.Naira Variava with Ms.Sougar Merchant and Ms.Kanika Sharma i/b Bharucha & Partners for Defendant No.26. CORAM : S.J. VAZIFDAR, J. DATE : 19TH DECEMBER, 2011. P.C. :- Mentioned, not on board. 2. The following preliminary issue is raised :- I) Whether this Court has no jurisdiction to hear the suit in view of the provisions of section 42 of the Maharashtra Slum Areas (Improvement, Clearance & Redevelopment) Act, 1971 ? 3. The evidence shall be recorded on commission. Mr.Kirti Munshi, an advocate of this Court is appointed as Commissioner for 2 nms2902-11 recording evidence. The parties shall tender their documents before the Commissioner. The parties shall be entitled to raise their objections, oral and documentary before the Commissioner. The parties are at liberty to cross-examine the witnesses without prejudice to their objections which shall be decided at the final hearing. The costs of the Commissioner shall, in the first instance, be shared by the plaintiff and defendant No.26 and the same shall be subject to the final orders in the notice of motion. 4. The notice of motion is accordingly disposed of.