WP 6782 OF 2011.sxw KVM 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6782 OF 2011 Sundaram Co-operative Hsg.Soc.Ltd. ..... Petitioner Versus Shri Arvind Sheth & Ors. ..... Respondents ... Shri H.S.S.Murthy, Advocate alongwith Ms.P.H.Bhanushali, Adv.i/b. Shri Vikrant K.Narkar, Advocate for the Petitioner. Shri Omkar Kulkarni, Advocate for Respondent No.1. CORAM : MRS. MRIDULA BHATKAR, J. DATED : 29th August 2011 P.C. 1. By consent heard finally at the stage of admission. 2. This Petition is filed challenging the Order passed by the Trial Court allowing the application moved by the Defendant No.1 that his cross-examination be recorded on commission. The Petitioner objects this Order on the ground that the reason given for recording cross-examination on commission is not factually true as the Respondent is in a position to move around the city. The Learned Counsel appearing for the Respondent has produced two Medical Certificates which disclose that the Respondent is suffering from some ailment for which he is undergoing treatment of two doctors including one cardiologist. It is to be noted that the application is allowed under Order 18(4) and therefore the Trial Court has power and WP 6782 OF 2011.sxw KVM 2 discretion to pass order of recording cross-examination of the evidence by appointing Commissioner. Hence, I do not want to interfere in the said Order. 3. The Learned Counsel appearing for the Petitioner submits that a particular place, except residence and office of the Respondent, for recording evidence is to be fixed by the Commissioner. The submission is considered and Commissioner may fix the place suitably other than these two places. 4. Writ Petition dismissed. 6. Fix by consent. (MRS. MRIDULA BHATKAR, J.)