1 nms.2628.10-s.2508.2010.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2628 OF 2010 IN SUIT NO. 3508 OF 1997 Shailesh Harinarayan Bajaj & Ors. ...Plaintiffs Vs. Standard Chartered Bank & Anr. ...Defendants Ms. Sonal i/b. Mr. Vivek M. Sharma for Plaintiffs The Plaintiff present Mr. Tushad Cooper i/b. M. S. Bodhanwalla & Co., for Defendant No.1 CORAM : SMT. ROSHAN DALVI, J. DATED : 5TH JULY, 2011 P.C. : 1. As per the final judgment of the Supreme Court in the case of Nahar Industrial Enterprises Ltd., Vs. Hong Kong & Shanghai Banking Corpn. (2009) 8 SCC 646, this suit cannot be transferred to the Debt Recovery Tribunal (DRT). Consequently prayer (a) stands rejected. 2. Mr. Cooper states that he does not desire to press prayer (b). Hence prayer (b) is not granted. 3. The original documents of the Plaintiffs are tendered along with the list of documents being its index. The affidavit of evidence of the Plaintiff is also made. 4. Counsel on behalf of the Defendant admits the execution of all the 2 nms.2628.10-s.2508.2010.sxw documents. All the bank documents executed by the parties marked Item Nos.1 to 5 are marked Exhibit-A (colly). 5. The remaining documents except documents as serial Nos.15 and 18 are the proceedings between the parties and their Advocates and is, therefore, marked Exhibit-B (colly) subject to the proof of the truth of the documents. 6. A copy of the account statement issued by Defendant No.1 Bank showing the outstanding as on 2 nd August 1997 by consent is marked Exhibit-C. It is clarified that the account shows the balance due as on the date of the statement. 7. The Plaintiffs shall file his affidavit of examination-in-chief showing the documents as marked. 8. By consent Advocate Ms. Mrudula Bhatia is appointed Court Commissioner to record the evidence in this Suit. 9. Parties shall appear before the Commissioner initially on 25 th July 2011 at 5 p.m and thereafter as fixed by the Commissioner. 10.The Court Commissioner shall record the evidence preferably day-to- day. 11.The parties shall pay the fees as fixed by the Court Commissioner equally. 3 nms.2628.10-s.2508.2010.sxw 12.Since the Plaintiffs have tendered their affidavit of examination-in- chief without showing the exhibits, they are directed to file the affidavit of examination-in-chief showing the above exhibits. The Plaintiffs’ witness shall identify his signature before the Court Commissioner immediately prior to the cross examination. Subject to this condition the affidavit of examination-in-chief of the Plaintiff is taken on record under the provisions of Order 18 Rule 4 of the C.P.C so as to expedite the hearing of the trial. 13.The Plaintiffs shall be entitled to file further affidavits of examination-in-chief of further witnesses as required directly before the Court Commissioner. If the Plaintiffs rely upon any documents other than the documents already marked as exhibits or marked for identification, the parties shall place the suit on board for considering the admissibility of such documents. If not, such witnesses shall be cross examined directly before the Court Commissioner. 14.After the evidence of Plaintiff is completed, Defendant No.1 shall be entitled to file his affidavit of examination-in-chief also directly before the Court Commissioner. 15.If the Defendant No.1 relies upon any further documents, parties to place the suit on board for considering the admissibility of those documents. If not, parties to proceed with cross examination of witnesses of Defendant No.1 before the Court Commissioner directly. In that case the parties to place the suit on board after the entire 4 nms.2628.10-s.2508.2010.sxw evidence is complete. 16. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)