Full Order Text
Final Order 1 · 04 Oct 2019 · CNR MHCC010096292019
Order Details: Chamber summons Pdf Text: Chamber Summons 1708-19 In S.C.Suit No. 9919- 1988 H.C. Suit No. 432 of 2019 1 Date 04.10..2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 1708 of 2019 IN S.C. SUIT NO. 9919 of 1988 (H.C. SUIT NO. 432 OF 1988) (CNR NO.MHCC010096292019) Kantilal lakhamshi Haria .. Plaintiff Versus State Trading Corporation of India. .. Defendant Appearances : Ld. Adv. Mr. Avinash Kango @ Shehbaaz Sayed for plaintiff present. Ld. Adv. Mr. Hemant Prabhulkar for defendant present. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge C.R. No. : 7 Dated : 04.10.2019 ORDER 1. The plaintiff has filed instant Chamber Summons for appointing Court Commissioner to examine plaintiff witness PW1 Mr. Kantilal Haria for recording of his evidence on the ground that he is suffering from Parkinson and he can not attend the Court for deposition. 2. The defendant have no objection for appointment of Court Commissioner subject to bear cost of the commission by the plaintiff. -- 1 of 4 -- Chamber Summons 1708-19 In S.C.Suit No. 9919- 1988 H.C. Suit No. 432 of 2019 2 Date 04.10..2019 3. Heard both the sides. Perused application and medical papers which clearly shows that age of the plaintiff is 79 years and he is suffering from advance Parkinson decease. The plaintiff is ready to bear the cost of commission. Hence, the evidence of plaintiff can be recorded by Court Commissioner. 4. On earlier occassion, in suit no. 21 of 1988, similar order was passed between both the parties and Commissioner namely Mr. Pravin G. Sawant was appointed and cost of Rs. 2,500/ per sittings of the Commissioner and cost of Rs. 2,000/ per sitting of the advocate of the defendant was fixed. The defendants have no objection for the same. Therefore, in view of that, I pass the following order : ORDER 1. Chamber Summons No.1708 of 2019 is hereby allowed. 2. The evidence of plaintiff be recorded through Court Commissioner by name Mr. Pravin G. Sawant. 3. The plaintiff to bear cost of Rs. 2,500/ per sittings of the Commisioner beside cost of Rs. 2,000/ per sitting of the Advocate of the defendant. 4. In case court record is required then, cost of Rs. 1,000/ per sitting of the Court Staff be paid by the plaintiff. 5. The Court Commissioner is hereby requested to fix the schedule as far as within a period of one week after the -- 2 of 4 -- Chamber Summons 1708-19 In S.C.Suit No. 9919- 1988 H.C. Suit No. 432 of 2019 3 Date 04.10..2019 receipt of the present order and to complete the evidence within a period of 20 days by taking continuous sitting. 6. Chamber Summons No. 1708 of 2019 is disposed off accordingly. (A.H.Laddhad) Additional Judge Bombay City Civil Court Dated : 04.10.2019 Gr. Bombay Dictated on : 04.10.2019 Transcribed on : 04.10.2019 Draft submitted on : 05.10.2019 Checked on : 07.10.2019 Signed on : 14.10.2019 -- 3 of 4 -- Chamber Summons 1708-19 In S.C.Suit No. 9919- 1988 H.C. Suit No. 432 of 2019 4 Date 04.10..2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 15/10/2019 at 12.00 a.m. (Ms. V.V.Sawant) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court room no.) Shri A.H.LADDHAD (C.R. No.7) Date of Pronouncement of JUDGMENT/ ORDER 04/10/2019 JUDGMENT/ORDER signed by P.O. on 14/10/2019 JUDGMENT/ORDER uploaded on 15/10/2019 -- 4 of 4 --