abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4177 O 2007 IN SUIT NO. 818 OF 1993 Atamprakash Aggarwal .. Plaintiff V/s Devidayal Stainless Steel Industries Pvt. Ltd. & Ors. .. Defendants Mr.Shailesh Shah i/b Mr.Munir Merchant for the Plaintiff. Mr.Yusuf Iqbal with Ms.A. Mehta i/b Yusuf & Associates for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 21ST JULY 2008 P.C. P.C. P.C. : 1. Considering the fact that the suit was filed 15 years ago, it is not appropriate to grant any interim reliefs at this stage. However, in the event of Defendant No.2 desiring to sell or alienate the suit property or any part thereof, notice shall be given to the Plaintiff’s advocate two weeks in advance. The agreement may be entered into, but shall not be - 2 - concluded for this period of two weeks. The contentions of the parties are kept open. 2. The question as to whether the Written Statement of Defendant No.1 is liable to be struck off shall be decided at the hearing of the suit. The evidence shall be recorded on commission. Mr. Ruchir Tolat, Advocate is appointed as commissioner for recording evidence. The parties shall be at liberty to cross examine the witnesses without prejudice to their objections, if any, which shall also be recorded by the learned commissioner. If objections are taken to the affidavits in lieu of examination in chief or to the documents, the parties shall be at liberty to lead further evidence. The expenses of the commissioner shall be paid equally by the Plaintiff and Defendant No.2 in the first instance, but shall be subject to the orders at the hearing of the suit. 3. Stand over to 30th July 2008 for framing issues.