: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3938 OF 2007 IN SUIT NO.227 OF 2007 Fermenta Biotech Ltd. ....Plaintiff V/s. Standard Oil Additives Pvt.Ltd. & Anr. ....Defendants Mr.Akshay Patil i/b Crawford Bayley & Co. for the Plaintiff. Mr.Rahul Narichania i/b Mulla & Mulla & C. B. & C. for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 4TH AUGUST, 2008. P.C. : 1. There is no case for a decree on admission. The admissions relied upon in the plaint have in fact been denied in the affidavit in reply. The nature of the defence set up in the reply militates against any admission of the liability. Even assuming that the defence is factually incorrect, there is no admission of the nature which would justify a decree being passed at this stage. 2. The written statement shall be filed on or before 4.9.2008. The affidavit of the documents shall be filed within four weeks thereafter. Discovery and inspection forthwith thereafter. To be on board for : 2 : issues on 10.11.2008. 3. The evidence shall be recorded by the Commissioner for recording evidence. Mr.Vivek Sharma, an advocate of this Court is appointed as a Commissioner for recording evidence. The parties are at liberty to cross-examine the witnesses without prejudice to their objections, if any. In the event of there being any other objections to the evidence, oral or documentary, the parties shall be at liberty to lead further evidence/examination in chief. 4. The costs of the Commissioner shall in the first instance be paid equally by the Plaintiff, Defendant No.1 and Defendant No.2 but subject to the final orders in the suit.