IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1416 OF 2009 IN SUIT NO.1907 OF 2007 Gopal P. Mavani & Anr. ....Plaintiffs V/s. Nafisa A. Alam & Ors. ....Defendants Ms.Priya Thakur i/b Mr.Jayesh Bhatt for the Plaintiffs. Mr.Joseph Fernandes for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 9TH SEPTEMBER, 2009. P.C. :- 1. This is the Plaintiffs’ Chamber Summons for recording further evidence in Court and not before the learned Commissioner on the ground that the Defendants are deliberately not co-operating. 2. The order directing the evidence to be recorded on commission is passed by the order of the Division Bench dated 27.8.2008. It is not open therefore for this Court to vary the order. 3. In any event the learned counsel appearing on behalf of the Defendants undertakes to this Court not to apply for any further adjournments before the learned Commissioner for recording evidence. A similar undertaking is given on behalf of the Plaintiffs. The undertakings are accepted. Any application for adjournment while recording evidence, shall be made to the Court and not before the learned Commissioner. 4. The Chamber Summons is accordingly disposed of.