1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1946 OF 2008 IN LAND ACQUISITION REFERENCE NO. 4 OF 1999 Special Land Acquisition Officer-III, Old Custom House, Mumbai. ...Claimant vs. Jayantilal Purshottam Shah & Ors. ...Respondents None for for the Claimant. Mr.S.R. Rajguru for Acquiring Body. Mr.S.s. Kulkarni for Claimant Nos.1, 2, 4 to 6 and 8 to 10. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 1, 2009 P.C. :- 1 This Notice of Motion is taken out by the Acquiring Body in Land Requisition Reference No. 4/99. The Acquiring Body is seeking the following reliefs :- 2 (a) Pending the hearing and final disposal of Evidence of the Claimant No.1 recorded by the Learned Commissioner from 29.3.2007 onwards be struck off on the ground of being recorded in the absence of Claimants Nos.3 to 6 and 8 and 9 and because non disclosure of cancellation of Power of Attorney by Claimant No.1 to Commissioner. (b) In the alternative, pending the hearing and final disposal of evidence of Claimant No.1 be confined as evidence of Claimant No.1 & 2 only. (c) Pending the hearing and final disposal of further recording of Evidence of the Claimant No.1 and the witness Mr.V.S. Pandhare be continued after serving Notice of Motion by the Claimants Nos.3 to 6 and 8 and 9. 3 (d) For interim and ad-interim reliefs in terms of prayer (a) and (b) above; (e) For costs of this Notice of Motion; (f) For such other and further reliefs as this Hon ble Court may deem fit and proper be granted." 2 In my view, the reliefs which are claimed by the Acquiring Body cannot be taken into consideration at this stage. All the contentions which are raised by the Acquiring Body in respect of the evidence of Claimant No.1 would be considered at the time of hearing of the reference. 3 Notice of Motion, therefore, is dismissed. It is, however, clarified that all the contentions raised by the Acquiring Body in this Notice of Motion are kept open and will be considered at the 4 hearing of the suit. 4 Motion, accordingly, is disposed of in the aforesaid terms. (V.M. KANADE, J.)