1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.128 OF 2009 IN SUIT NO.1421 OF 2003 Kishore G. Ahuja .. Plaintiff Versus Sunil G. Ahuja & Ors. .. Defendants Mr.Rajesh Gehani for plaintiff Mr.N.S.Fadia for defendant Nos.1 to 2 CORAM : S.C.DHARMADHIKARI, J. DATE : 12th March 2009. P.C. . After the motion was argued for some time, what emerges from the record is that there is no progress in the recording of evidence. The reasons include non-cooperation of plaintiff as well. Without casting any aspersions on the Commissioner so also without doubting the sincerity and sense of urgency expected by her, it would be appropriate if the Commissioner for 2 recording evidence is replaced. Accordingly, by consent of parties, Mr.Sushil Vyas is appointed as Commissioner to record evidence. 2. Parties shall appear before the Commissioner on 24th March 2009 and he/she shall determine a date for recording evidence in the first week of April. Plaintiffs’ evidence shall be recorded, preferably on day to day basis. The Commissioner to endeavour and complete recording of evidence within a period of two months from the date the plaintiff’s witness entering the box. Needless to state that if plaintiff’s witness does not remain present on the date and time stipulated by the Commissioner, plaintiff’s right to lead evidence shall be forfeited. Motion disposed of. Needless to state that cost incurred by the present Commissioner till date will be paid to the Commissioner as per the order passed on 22nd April 2005. 3 (S.C.Dharmadhikari, J)