- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT No. 155 OF 2008 IN SUIT No. 2025 OF 2007 Mr. Gopinath Madhav Pai ... Plaintiff Vs. G. N. Shanbhag ... Defendant *** Mr. Shekhar Shetye a/w Mr. M. Bilinoria i/b Subodh Kurdukar, for the Plaintiff. Mr. H. C. Mehta i/b M/s. Mehta & Co., for Defendant. *** CORAM : S. J. VAZIFDAR, J. DATE : OCTOBER 5, 2009. PC :- 1. It is not without reluctance that unconditional leave is granted in the present case. Hence, the following order is passed. Order (i) The defendants are granted unconditional leave to defend the suit. (ii) The suit is transferred to the list of Commercial Causes. (iii) The written-statement shall be filed on or before 31st October 2009. No extension of time will be granted. - 2 - (iv) Affidavit of documents within six months, discovery and inspection forth with thereafter. (v) The evidence shall be recorded on Commission. Mr. K. G. Munshi is appointed by consent as the Commissioner for recording the evidence. The Commissioner shall be entitled to fix such fees as he may desire. The parties are at liberty to accept the same or not. The costs of the Commissioner shall be shared equally by the parties. In the first instance the costs shall be subject to final orders in the suit. The learned Commissioner would obviously be entitled to fix such dates for recording evidence, as may be convenient to him. However no application for adjournment shall be entertained by the Commissioner. Any application for adjournment shall made to the Court. (vi) Hearing of the suit is expedited.