ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6333 OF 2008 PETITION NO.6333 OF 2008 PETITION NO.6333 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.M.V.Holamgi for the Petitioner. Mr.S.S.Relekar for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 14th October, 2008. : 14th October, 2008. : 14th October, 2008. P.C. P.C. P.C. . The Petitioner, being aggrieved by the rejection of the Application to cross examine, filed this Writ Petition. 2. Without observing anything in the matter, in the interest of justice, it is desirable that the parties to get full opportunity. The rejection of adjournment that resulted into depriving him to cross-examine, definitely affect him. However, considering the directions given by this Court, it is desirable that the ( 2 ) Petitioner to co-operate and participate in the proceedings without any further delay, unless things are beyond control. In view of this statement of the learned Counsel for the Petitioner, I am inclined to grant his prayer. The Petition is, therefore, allowed in terms of prayer clause (a). However, this is subject to costs of Rs.5,000/- (Rupees five thousand only) to be paid to the Respondent on or before 28/10/2008 as a condition precedent. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]