1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1491 of 2008 In Suit No.2946 of 1999 The Shamrao Vithal Co-operative Bank Ltd. .. Plaintiffs v/s. 1. M/s. Rawji Amarshi & Co. & anr. .. Defendants Mr.Rajesh Shah i/by R.D. Suvarna for Plaintiffs. Mr.Jayant Gaikwad i/by A.M. Khandhar for Defendants. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 17 th October, 2008 P.C. : 1. Issues have been framed by Justice A.P. Deshpande on 17.6.2008. It is the case of Defendant No.1 that he has made payments of the amount on the suit Bill of Exchange. Hence the execution of the Bill of exchange and the liability thereunder is admitted. In view thereof, issue Nos.1, 3 and 11 would no longer survive. The other issues shall remain for consideration. 2. Defendant No.1 shall have the right to begin. Defendant No.1 shall file his Affidavit of examination- in-chief and tender original documents for considering their admissibility. The Chamber Summons is disposed of accordingly. 2 3. Suit to be on Board for considering the admissibility of documents and for receiving the Affidavit of examination- in- chief on 25 th November 2008. [SMT.ROSHAN DALVI, J.]