FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO.4909 OF 2007 AND SUIT NO.245 OF 1989 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.J.P.Sen with Sheetal Shah i/b Mehta & Girdharilal for the plaintiffs. Mr.V.V.Walawalkar with Harish R.Pawar for the defendants. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 1ST APRIL, 2008 DATED: 1ST APRIL, 2008 DATED: 1ST APRIL, 2008 P.C.: . Heard learned counsel for the parties. 2. The defendants have taken out this notice of motion seeking permission of this court to the defendants, to recall the plaintiff’s witness Mr.Nitin Shah for his cross examination. It appears that the said witness has been discharged by the commission since the defendants did not appeared on the date and time fixed by the commissioner for cross examination of the said witness. After having considered the submissions of learned counsel for the parties and considering the material placed before me this notice of motion is made absolute in terms of prayer clauses (a) and (b) subject to the defendants paying costs of Rs.3,000/- to the High Court Library (Original Side) within one week from today. Time to record cross examination of Mr.Nitin Shah is extended till 5th May, 2008. The parties to appear before the commission. Learned counsel for the plaintiffs submits that he will communicate this order to the commissioner within two weeks from today and shall keep his witness ready for cross examination on the date and time fixed by the commissioner. The parties are directed to co-operate for completing the cross examination within the timeframe. Notice of motion is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)