Date: 26-02-2019
Business: Adv. Dalal for Plaintiff present.
Adv. Shroff for Defendant No.14a and 16 present.
Adv. Darshan Mehta for Defendant nos. 1a, 1b, 2a, 6 and 7 present.
Court is busy in other matters.
Adjourned for order on chamber summons to 28.2.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: Adv. S.Mohite h/f Adv. Zubin Dalal for Plaintiff present.
Adv. Naresh Chheda h/f Adv. Sasidharan for Defendant nos.1a,1b,2a,6 and 7 present.
Adv. Shroff for Defendant nos.14a and 16 present.
K.B.
L.O.
As Court is busy in dictating judgment and in hearing arguments and in other work, hence adj for Ch/s order to 01.03.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Dalal for Plaintiff present.
Deft and Adv absent.
FRSR following order is passed in Ch/S No.386/19.
ORDER
Chamber Summons No.386 of 2019 stands dismissed. However, plaintiff\''s objection as to statements of affidavit in lieu of examination- in-chief of DW-1 Ajit Doshi alleged to be beyond pleadings would be decided at the time of final hearing while deciding the suit. Accordingly, chamber summons is disposed off.
Order below Exh.63.
Read application and say of plaintiff. Heard respective counsel for parties. Defendant No.1(a), 1(b), 2(a), 6 and 7 have prayed for appointment of Court Commissioner to record evidence of defendant No.6 Ajit Doshi on the count that he is senior citizen and suffering from Peripheral Neuropathy from the year 2017 and he is unable to stand for long time and has to wear special shoes and a brace for stability to enable him to stand. They have filed copy of discharge summary in support of their application. Plaintiff has left it to the discretion of Court as to whether Court Commissioner has to be appointed to record evidence of defendant No.6.
Considering that matter is of the year 1982, contention of defendants and to decide the matter expeditiously it is desirable to appoint Court Commissioner to record evidence of DW-1 Ajit Doshi. Therefore, Commissioner is appointed to record cross examination of DW-1 Ajit Doshi. These defendants and plaintiff to bear Commissioner fee/charges equally. Commission is to be executed within the period of 10 days from the date of receipt of the order. Registrar (Civil) to do needful at the earliest.
Adj for Commissioner\''s report to 11.03.2019.
Nature Of Disposal: DISMISSED
Disposal Date: 01-03-2019
