1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4994/2009 (Vikas Agro Agencies and others ..vs.. Smt. Kamlaai P. Khatri) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. CORAM:- B.P. DHARMADHIKARI, J. DATE:- DECEMBER 01, 2009 Heard learned Advocate Shri Tushar Darda for the petitioner-defendant. The recording of evidence was going on and thereafter when defendant was called to cross-examine, he was absent. The order of no cross came to be passed after 4 dates thereafter and the plaintiff closed his evidence by filing Pursis (Exh.64). Then, the defendant sought leave to cross-examine, which was granted and costs of Rs.250/- were imposed upon the petitioner defendants. Those costs were paid after two dates and then instead of conducting the cross-examination, the application (Exh.72) for amendment was moved. The court below found that this conduct and rejection of earlier identical application (Exh. 71), warranted dismissal of present application Exh.72. 2 I do not find any perversity or jurisdictional error. No case is made out warranting any interference in writ jurisdiction. The writ petition is, therefore, dismissed. No order as to costs. JUDGE Diwale.