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 APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.1498 OF 2008 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.A.B.Borkar for the petitioners. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 11TH MARCH, 2008 DATED: 11TH MARCH, 2008 DATED: 11TH MARCH, 2008 P.C.: . Heard learned counsel for the parties. 2. The petitioners have impugned the following order: . "Perused application and say. Heard the Learned Advocates for the parties. The Hon’ble High Court was pleased to permit the Defendant No.14 and 15 to lead their evidence but as per the said order they were required to appear before this Court on 12.12.07 at 11.00 a.m. and complete the recording of evidence. The wording of order is imperative and this court has no power to give any further time/extension. The Defendants have failed to comply with that order. The reason that the copy of order was not received by them is not justifiable as they were represented by Advocate and they are supposed to know the order of the Hon’ble High Court. It is not within the powers of this Court to allow them to lead evidence as they have failed to act as per the orders of the Hon’ble High Court. hence the application is rejected." 3. It appears that vide order dated 28th November, 2007 this court had issued the following directions: "2. Heard the learned counsel appearing for the parties. Perused the application by which it was prayed that defendant nos.14 and 15 be allowed to lead their evidence. Sufficient cause is made out for the said defendants not being able to lead evidence on the earlier occasions. Considering that the request as made causes no prejudice to the petitioner, it is directed that defendant nos.14 and 15 be permitted to lead evidence provided they appear before the Court on 12th December, 2007 at 11.00 a.m. and complete recording of evidence with time stipulated by the Court. Needless to state that no further extension would be granted. The suit being a old suit Trial Court is directed to expedite its hearing and make an endeavour to dispose of the same on or before 30th June, 2008." 4. Keeping in view the aforesaid orders and the circumstances in which the order of this court dated 28.11.2007 could not be complied with, the time granted to defendant nos.14 and 15 to lead evidence by this court is extended till 31st March, 2008. The petitioner is directed to produce a copy of this order before the trial Court on or before 14th March, 2008. It is made clear to the petitioners that no further extension shall be granted on any ground whatsoever. In view of this direction the impugned order renders ineffective. The writ petition is disposed of. Certified copy expedited. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)