:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2943 OF 2006 IN SUMMARY SUIT NO.1852 OF 2000 Llilavati Rasiklal Kothari ..Plaintiff. Vs. M/s.Skylark Construction Co. & Ors. ..Defendants. Mr.A.B.Dubey i/b.Mr.N.N.Vaishnawa for the Plaintiff. Mr.Smruti Choklawala i/b.S.Mahomedbhai & Co. for Defendant Nos.1 to 5. Ms.Shobha Pawar i/b.Mr.R.T.Parekh for Defendant Nos.6 to 8. WITH NOTICE OF MOTION NO.2944 OF 2006 IN SUMMARY SUIT NO.2217 OF 2000 Swati Rasiklal Kothari ..Plaintiff. Vs. M/s.Kkylark Construction Co. & Ors. ..Defendants. WITH NOTICE OF MOTION NO.2945 OF 2006 IN SUIT NO.2093 OF 2000 Rasiklal Kothari ..Plaintiff. Vs. M/s.Kkylark Construction :2: Co. & Ors. ..Defendants. WITH NOTICE OF MOTION NO.2946 OF 2006 IN SUMMARY SUIT NO.4551 OF 2000 Rasiklal Bhikhalal Kothari ..Plaintiff. Vs. Shreyas Pankaj Dharia & Ors. ..Defendants. Mr.A.B.Dubey i/b.Mr.N.N.Vaishnawa for the Plaintiff. Mr.Smruti Choklawala i/b.S.Mahomedbhai & Co. for Defendant Nos.1 to 5. Ms.Shobha Pawar i/b.Mr.R.T.Parekh for Defendant Nos.6 to 8. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 30TH JANUARY, 2008 DATED : 30TH JANUARY, 2008 DATED : 30TH JANUARY, 2008 P.C. : P.C. : P.C. : Out of the above Notices of Motion, Notices of Motion No.2945 of 2006 in Suit No.2093 of 2000 and Notice of Motion No.2946 of 2006 in Summary Suit No.4551 of 2000 are not on board. The same are taken on board and heard. 2. The facts and the issues in all the Notices of Motion are common. They are therefore disposed of by this common order. :3: 3. The objections raised in these Notices of Motion shall be recorded by the learned Commissioner for recording evidence. The same shall be considered at the final hearing of the suit. 4. The Defendants are at liberty to cross-examine the witnesses without prejudice to the said objections. Merely by virtue of such cross-examination, the objections shall not be deemed to have been waived. 5. With the aforesaid clarification, all the above Notices of Motion are disposed of.