ndm 1 NM1249.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1249 OF 2010 IN SUIT NO. 1948 OF 1983 Sociedade De Fomento Industrial Pvt. Ltd., ... PLAINTIFFS Vs. Tulsidas V. Patel & Ors. ... DEFENDANTS ---- Mr.R.N.Bhagatjee i/by Little & Co. for the plaintiffs. Mr.Gaurav Joshi with Ms.Deeksha Kakar i/by Doijode Associates for the defendant nos.1 & 7. ---- CORAM : R.S.MOHITE, J. DATE : 16 th JUNE, 2010. P.C. 1 This is a Notice of Motion taken out by the original defendant nos.1 & 7. Prayer-(c) of the Notice of Motion pertains to permitting additional written statement of defendant no.1. Advocate for the defendant no.1 states that additional written statement is necessitated because the plaint has been amended twice. It appears that the matter has already been ndm 2 NM1249.sxw sent to the Commissioner. It however, appears that certain further steps are required to be taken in the suit before recording of evidence commences before the Commissioner. Notice of Motion is therefore, allowed in terms of prayer clause-(c). All defendants are permitted to file additional written statement within a period of two weeks from today. It is made clear that if such additional written statement is not filed within two weeks, then the suit will proceed without permitting filing of any additional written statement thereafter. 2 Advocate for the plaintiffs states that all original documents are filed in this Court by way of a compilation. He states that copy of the compilation has been served upon the defendants. If any of the defendants are not served with the compilation, they will be at liberty to take inspection from the record of the Court before the next date. Before the next date, parties will tender draft additional issues. Copies of this draft issues will be exchanged between the parties before the next date. Defendants will also file their compilation of original documents ndm 3 NM1249.sxw accompanied by affidavit-in-support thereof on or before the next date. Place the suit for framing of additional issues, if required, and admissions/denial of documents on 7.7.2010. It is recorded that the Advocate for the plaintiffs is willing to deposit the charges of the Commissioner at the rate of Rs.4000/- per hour irrespective of the decision of the suit. 3 As far as other prayers in the Notice of Motion are concerned, I am not inclined to grant them. There is a prayer which seeks that issue of limitation be decided as a preliminary issue. Advocate for the plaintiffs states that he would like to lead evidence. I am not inclined to grant a prayer because deciding an issue as a preliminary issue is likely to further delay of disposal of the suit which is an old suit of the year 1983. Notice of Motion is accordingly, partly allowed. [ R.S.MOHITE, J ]