*1* kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.528/2010 IN SUIT NO.2107/1983 Yasmin H. Shroff. ..Plaintiff -Versus- M/s Sunder Construction Co. & others. ..Defendants. .... Mr.Ajai Fernandes a/w Ms.Pragna Patel i/b Bilawala & Co. for the Plaintiff. Mr.K.J.Munshi a/w Mr.L.V.Bommer i/b Shunak Satpute & Co. for the Defendant No.9. .... CORAM : S.C.DHARMADHIKARI, J. Date : 18th June, 2010. P.C. 1 The Defendant No.9 has moved this motion for two reliefs. Firstly, he seeks extension of time to tender an affidavit in lieu of examination-in-chief. Secondly, he prays that an earlier affidavit is on record but he wants to file an additional affidavit in lieu of examination-in-chief and this course be permitted. 2 The Plaintiff’s counsel opposes this request by urging that the suit is of the year 1983, the Commissioner is appointed and suitable time was taken to file the affidavits. These are delaying tactics. 3 After hearing both the sides at some length and perusing the motion with their assistance, I am of the opinion that interest of *2* justice would be served if the Defendant No.9 is permitted to file an additional affidavit in lieu of examination-in-chief provided that he shall serve the copy of the same to the Plaintiff’s Advocate within a period of one week from today. 4 Further, on instructions, Shri Munshi appearing for the Defendant No.9 states that the Defendant No.9 desires to examine two more witnesses apart from the earlier witnesses. The affidavits in support of examination of these two witnesses will be filed within a period of four weeks from today by supplying the copies thereof to the Plaintiff’s Advocate. The Commissioner has closed the evidence of Plaintiff and the Defendant Nos.1 to 7. 5 I am informed that the Defendant No.9 is the only Defendant who remains to be examined. He requires opportunity to lead the evidence and taking into account the fact that the suit is of the year 1983 but the Defendant No.9 is not denied opportunity to defend the plaint; I am granting this extension as prayed. The Defendant No.9 shall file the affidavits of the remaining witnesses within a period of four weeks as stated above. Further the Defendant No.9 shall make himself available for cross-examination by the Plaintiff’s Advocate on 05th July, 2010. If the copies of the affidavits in support of evidence of other witnesses are supplied, the Commissioner to record their cross-examination as well. The Commissioner to complete the assignment within time now extended. This shall be done by 31st August, 2010. No further extension be granted under any circumstance. If the Defendant No.9 does not abide by this time schedule prescribed today, he will forfeit *3* his right to lead the evidence. 6 Notice of Motion is allowed in the above terms with costs quantified at Rs.3,000/- to be paid by the Defendant No.9 to the Plaintiff’s Advocate within a period of two weeks from today. [ S.C.DHARMADHIKARI, J. ]