Bombay High Court
Indofil Industries Limited vs The Rishabh Velveleen Ltd on 31 August, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
KVM
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35 - COMSS 10 OF 2005.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUMMARY SUIT NO. 10 OF 2005
Indofil Industries Limited ..... Plaintiff
VERSUS
The Rishabh Velveleen Ltd. ..... Defendant
ALONGWITH
SUIT NO. 1801 OF 2006
The Rishabh Velveleen Ltd. ..... Plaintiff
VERSUS
Modipon Ltd. & Anr. ..... Defendant
Ms.Rhea Prakash i/b. Crawford Bayley & Co. for the Plaintiff in
COMSS/10/2005 and for the Defendant in S/1801/2006.
Ms.Asha Chetan Shah for the Plaintiff in S/1801/2006 and for the
Defendant in COMSS/10/2005.
CORAM: ABHAY AHUJA, J.
DATE : 31st AUGUST, 2023 P.C:-
When the matter is called out, learned counsel submits that although the admission and denial of the documents has already completed on 18th August, 2023, matter has been wrongly listed under the said caption and submit that the Commissioner be appointed for recording of evidence. Upon a request from the Court if the learned ::: Uploaded on - 02/09/2023 ::: Downloaded on - 02/09/2023 23:34:29 ::: KVM 2/3 35 - COMSS 10 OF 2005.doc counsel have anyone in mind, learned counsel submit that earlier they were requested to consider Mr.Abhimanyu Singh who was appointed in the year 2016, however, it is submitted that they have been unable to establish any contact with him and therefore this Court may appoint another Commissioner.
2. After perusing the list of the Commissioners before this Court as provided by the learned Associate of this Court, this Court appoints Mr.Naushad Engineer having his office at 1-B, Lentin Chamber, 1 st Floor, Dalal Street, Fort, Mumbai - 400 001 as a Commissioner for cross examination of witnesses on behalf of DW-1.
3. Let the learned counsel contact the learned Commissioner within a period of one week.
4. The learned Commissioner to endeavour to complete recording of evidence within three months by fixing date, time and venue as per mutual convenience.
5. The fees and expenses of the learned Commissioner to be shared equally between the parties and the same will be costs in the suit. ::: Uploaded on - 02/09/2023 ::: Downloaded on - 02/09/2023 23:34:29 ::: KVM 3/3 35 - COMSS 10 OF 2005.doc
6. List on 4th December, 2023.
7. Liberty to apply.
[ABHAY AHUJA, J.] ::: Uploaded on - 02/09/2023 ::: Downloaded on - 02/09/2023 23:34:29 :::