ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6444 OF 2008 PETITION NO. 6444 OF 2008 PETITION NO. 6444 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Tejas Vora with Sandeep Suryawanshi i/by M/s. Tamhane & Co. for the Petitioner. Ms.Nita Solanki i/by M/s.Kiran Jai & Co. for Respondent Nos. 1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 29th September, 2008. : 29th September, 2008. : 29th September, 2008. P.C. P.C. P.C. . The Petitioner has challenged the order whereby the Court as the impugned order, granted an application for tendering the list of witnesses and an another application for issuing witness summons to the same. The learned counsel appearing for the Petitioner basically submitted that no opportunity was given to the Defendant to file reply and the said order was passed immediately on the same day. After perusal of the said order, it is clearly recorded that the Defendant ( 2 ) objected the said application and further endorsed that ’heard both the advocates’. 2. Without observing anything on the merits of the matter, however, considering the reasons as given, admittedly as no list of witnesses as prayed under Order XVI Rule 1 of the Code of Civil Procedure was filed earlier and therefore, the Plaintiff filed this Application to file list of witnesses by taking recourse of provisions of Order XVI Rule 3 of the Code of Civil Procedure. In the interest of justice the liberal view so taken to give an opportunity to both the parties to contest the matter on merits, I do not think there is any reason to interfere with the said order. 3. The Writ Petition is, accordingly, dismissed. ( 3 ) [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]