1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8186 OF 2009 Jamshedji Ratanji Nazir .. Petitioner. Vs. The Board of Trustees of the Port of Mumbai & Ors. .. Respondents. Ms.F.Sethna i/b Danmarr Sett for the petitioner. Ms.Kavita Anchari i/b M.V.Kini & Co.for the respondents. CORAM : D.B. BHOSALE, J. DATED : 14TH OCTOBER, 2009 P.C. . Heard learned counsel for the parties. 2. On 22.9.2009 the following order was passed: The petitioner is allowed to cross-examine the witness, referred to in the aforementioned order, subject to payment of costs of Rs.3000/- to be paid to respondent no.1 within a period of one week from today. Respondent no.1 shall make their witness available for cross-examination on the date/s fixed by the Estate Officer. The Estate Officer shall complete recording of cross -examination on or before 12.10.2009. After completing the recording of the cross- examination, the Estate Officer shall proceed to hear the case further. The impugned order is, accordingly, rendered ineffective. The petitioner shall produce a copy of this order before the Estate Officer within a period of one week from today. It is made clear that the 2 petitioner shall not seek adjournment on frivolous grounds and shall complete the cross- examination of the witness under any circumstance within the time stipulated by this order. With these directions, the writ petition is disposed of. 3. The learned advocate for the petitioner submits that the petitioner could not complete cross examination of the witness within the time stipulated by the aforementioned order and she seeks four weeks extension for completing the cross. Learned counsel for respondent no.1 opposed the application on two grounds. Firstly, the costs was not paid within the time stipulated by the order dated 22.9.2009 and secondly, on the ground that the petitioner is deliberately delaying the matter. After having heard learned counsel for the parties, by way of last chance, I am passing the following order: Time to complete the cross examination is extended till 13th November, 2009 subject to payment of costs of Rs.1,500/- to respondent no.1 on or before 30.10.2009. If this order is not complied with, the Estate Officer shall proceed to decide the matter without cross examination. (D. B. Bhosale, J.)