IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4171 OF 2008 IN SUIT NO.577 OF 1983 The Board of Trustees of the Port of Bombay .. Plaintiffs Versus Tata Exports Ltd. & Ors. .. Defendants Mr.Parag Khandar a/w U.J.Makhija i/by Mulla & Mulla for the plaintiffs. Mr.H.J.Engineer i/by Gordhandas & Fozdar for the defendant no.1. Mr.Suraj Almeida i/by D.C.Gomes for the defendant no.2. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 15th December 2008. : 15th December 2008. : 15th December 2008. P.C.: . Heard the learned counsel appearing for the plaintiffs in support of notice of motion. I have heard the learned counsel representing the defendants who have opposed the prayer made in the notice of motion. 2. The learned counsel appearing for the plaintiff submitted that the plaintiffs have filed an affidavit of one Mr.Sanjay Sawant and from 27th March 2006 the said Mr.Sanjay Sawant is no longer in the employment of the plaintiffs. He pointed out that a formal deposition of the said witness has not been recorded on the basis of 2 the affidavit. He states that now the plaintiffs desire to examine Mr.Santosh Vasant Dighe as their witness by filing his affidavit in lieu of examination in chief. 3. In view of what is stated in paragraph no.3 of the affidavit in support, permission deserves to be granted to the plaintiffs to file an affidavit of said Mr.Santosh V. Dighe. 4. Hence, I pass the following order: (i) The Notice of Motion is made absolute in terms of prayer clause (a) with modification that the plaintiffs are permitted to file affidavit in lieu of examination in chief of Mr.Santosh V. Dighe. (ii) The affidavit shall be filed on or before 05th January 2009. (iii) The suit shall be fixed for recording of evidence on 12th January 2009. (A.S.Oka,J)