Disposed
Salsette Ccatholic Co-Op Hsg. Soc.Ltd v. Conwood Developers Private Ltd. and Oprs
Bombay HCNMS/357/2006
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THE HIGH COURT OF JUDICATURE AT BOMBAY…
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.357 OF 2006
IN
SUIT NO.1776 OF 1997
Salsette Catholic Co-op.Hsg.Soc.Ltd. ....Plaintiff
V/s.
Conwood Developers Pvt.Ltd. & Ors.....Defendants
Mr.Birendra Saraf i/b Ms.Krishna Tanna for Defendant
No.1 in support. .
Mr.Clive D’Souza for the Plaintiff. .
Mr.A.V. Daga i/b Wadia Gandhy & Co. for Defendant
No.3.
CORAM : S.J. VAZIFDAR, J.
DATED : 20TH NOVEMBER, 2006.
P.C.:
1.The parties have agreed that the evidence be
recorded by the Commissioner for taking evidence. In
view of what is stated in the affidavit in support,
Defendant No.1 is granted three weeks time to file the
written statement and counter claim. The written
statement to the counter claim to be filed within six
weeks thereafter.
2.The affidavit of documents within six weeks.
Discovery and inspection forthwith thereafter.3.The parties have agreed that after the issues
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are framed the evidence may be recorded by the
Commissioner for taking evidence. Mr.Kamal Khata, an
advocate of this Court is appointed as a Commissioner
for taking evidence. Defendant No.1 shall pay the
costs of the Commissioner unconditionally in respect
of the entire evidence. The parties may file the
affidavits in lieu of examination in chief and
documents before the Commissioner who will record the
objections, if any, thereto. The parties are at
liberty to cross-examine the witnesses without
prejudice to such objections.
4.The Notice of Motion is accordingly disposed
of.
S.J. VAZIFDAR
As recorded by the court registry
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