1 wp9826.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.9826 OF 2010 The Oriental Insurance Company Ltd. ...Petitioner vs. Shantibhai Naranjibhai Patel ...Respondent Ms Anita Castelino i/b Mr.Raymond V.Samuel for the petitioner Mr.Dipen Furia for the respondent CORAM :A.S.OKA,J. DATE :DECEMBER 23,2010 P.C.: 1 Heard the learned counsel for the parties. The learned counsel for the petitioner states that the petitioner will ensure that the witnesses who are permitted to be examined by the petitioner will remain present before the learned trial Judge and that their affidavits in lieu of examination-in-chief will be filed as and when directed by the trial Court. The learned counsel states that if the petitioner finds that the examination of the certain witnesses is not necessary, the petitioner may drop the said witnesses. The learned counsel for the respondent has no objection for permitting the petitioner to examine the witnesses provided the suit is disposed of by the end of February 2011. 2 Hence, I pass the following order : i) Impugned order dated 7th December 2010 is quashed and set aside and the petitioner is permitted to adduce evidence as per the undertaking dated 11th October 2010 2 wp9826.sxw recorded in the writ petition no.7664 of 2010. ii)The petitioner shall ensure that the witnesses remain present and file their affidavits in lieu of examination-in-chief on the dates which may be fixed by the trial Court. iii)The petitioner shall not seek adjournments and shall co-operate with the learned trial Judge for expeditious disposal of the suit. iv)The trial Court shall conclude the hearing and shall decide the suit by the end of February 2011. v) The petition is disposed of on above terms. vi)The parties and the trial Court to act upon an authenticated copy of this order. JUDGE