Bombay High Court
Abhyudaya Co-Op. Bank Ltd vs Mr. Harish K. Chandok And 2 Ors.And ... on 28 March, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023
2-chs-967-2014.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.967 OF 2014
IN
EXECUTION APPLICATION NO.161 OF 2014
M/s. M.K. Marketing ...Applicant
In the matter between
Abhyudaya Co-Op.Bank Ltd. ...Disputant
Versus
Mr. Harish K. Chandok & Ors. ...Opponents
And
M/s. M.K. Marketing ...Proposed
opponent
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Mr. Bhavin H. Gada with Ms. Bhavini Chheda i/b. Harakhchand &
Co. for the Applicant.
Mr. Sachin Kanse with Yogesh Mishra i/b. PRS Legal for Disputant
Bank.
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CORAM : R.I. CHAGLA J.
DATE : 28 March 2023.
ORDER :
1. The matter has been placed for marking of documents.
The statement of admission and denial of the documents on behalf of disputant bank has been filed. As per the statement of admission and denial, the existence of the documents at Sr. No.10.1, 10.2, 15, 17, 1/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 19, 24 to 30, 32, 33 and 35 have been admitted but contents denied.
Accordingly, the documents are taken on record and marked Exhibits as follows:-
Sr. Particulars Exhibit No. Nos. 10.1 The certified copy of extract of the registration of P-1
the Applicant firm with the Registrar of Firms 10.2 The Certificate of Registration of the Applicant P-2 firm issued by the Registrar of Firms 15 Office copy of Letter from Applicant's Advocates to P-3 the Advocate of Disputant 17 Office copy of Letter from Applicant to the Ld. P-4 Arbitrator 19 Photocopy of the Award passed by the Sole P-5 Arbitrator appointed U/s. 84 of Multi State Co- Operative Societies Act, 2002 in Arbitration Case No.ARB/ACB/63 of 2012.
24 Original Certificate of Registration issued under P-6 the Central Sales Tax Act, 1956 and The Central Sales Tax (Registration & Turnover) Rules, 1957 25 Photocopy of Certificate of Registration issued P-7 under the Bombay Sales Tax Act, 1959 26 Original Certificate of Registration in the name of P-8 Applicant issued under The Maharashtra Value Added Tax Act, 2002.
27 Original Certificate of Importer Exporter Code P-9 issued in the name of Applicant 28 Photocopy of Notice issued by Official Liquidator, P-10 High Court, Bombay 29 Office copy of Letter from Advocates for Applicant P-11 to the Official Liquidator 2/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 30 Letter from Official Liquidator to the Advocates for P-12 the Applicant.
32 Photocopy of Minutes of representative of Official P-13 Liquidator with Annexures A & B thereto together with Exhibits annexed thereto 33 Original Letter from the Official Liquidator, High P-14 Court, Bombay to the parties and Applicant's Advocates.
35 Receipt issued by the office of Official Liquidator, P-15 High Court, Bombay to the Applicant.
2. The documents which remain to be marked are the documents in which the disputant bank is not a party. The reasons have been mentioned in the statement of admission and denial.
Accordingly, the following documents are taken on record subject to the cross examination and marked as follows:-
Sr. Particulars Exhibit No. Nos. 1. Original Deed of Partnership dated 17.08.1982 of M/s. P-16
M.K. Marketing between Harish Khushalchand Chandak and Kiranchandra Narayandas Laddha as partners.
2. Photocopy of Deed of Partnership dated 01.11.1991 of P-17 M/s. M.K. Marketing between Harish Khushalchand Chandok, Kiranchandra Narayandas Laddha and Mahesh Khushalchand Chandak as partners.
3. Original of Deed of Retirement dated 31.03.1992 of M/ P-18 s. M.K. Marketing between Kiranchandra Narayandas Laddha as Retiring Partner and Harish Khushalchand Chandak and Mahesh Khushalchand Chandak as Continuing Partners.
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4. Original of Deed of Partnership dated 20.05.1992 of M/ P-19 s. M.K. Marketing between Harish Khushalchand Chandak and Mahesh Khushalchand Chandak.
5. Original Deed of Partnership dated 01.10.1997 of P-20 M/s.M.K. Marketing between of Harish Khushalchand Chandak, Mahesh Khushalchand Chandak and Sachin Mahesh Chandak as partners.
6. Original Deed of Retirement dated 01.04.2001 of P-21 M/s.M.K. Marketing between Mahesh Khushalchand Chandak and Sachin Mahesh Chandak as Continuing Partners and Harish Khushalchand Chandak as Retiring Partner.
7.1 to Three statement of Account No.NCGA000003993 of the P-22 7.3 Applicant with Canara Bank, Chembur Branch dated 01.11.2004 to 30.11.2004, 01.12.2004 to 31.12.2004 & 01.01.2005 to 31.01.2005 respectively. 7.4 Two statement of Account No.5614 of the Applicant P-23 to with Indian Overseas Bank, Ghatkopar Branch dated 7.5 01.06.2006 to 31.06.2006 and 01.07.2006 to 31.07.2006 respectively.
8. Original Deed of Partnership dated 12.09.2001 P-24 between Mahesh Khushalchand Chandak and Sachin Mahesh Chandak as partners together with the Order dated 18.4.2018 passed by Collector of Stamps, Borivali as regards payment of stamp duty of Rs.500/= and penalty of Rs.1,980/= and together with two challans of Rs.500/= and of Rs.1,980/=.
9. Original Deed of Partnership dated 01.04.2011 of P-25 M/s.M.K. Marketing between Mahesh Khushalchand Chandak and Sachin Mahesh Chandak as Partners modifying the terms of partnership between them. 11.1 Audit Report dated 25.10.2001of M/s.V.C. Darak & P-26 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2001 and A.Y. 2001-2002.
11.2 Audit Report dated 20.10.2002 of M/s. V.C. Darak & P-27 Associates, Chartered Accountants together with Form 4/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2002 and A.Y. 2002-2003.
11.3 Audit Report dated 10.10.2002 of M/s. V.C. Darak & P-28 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2003 and A.Y. 2003-2004.
11.4 Audit Report dated 10.10.2004 of M/s. V.C. Darak & P-29 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2004 and A.Y. 2004-2005.
11.5 Audit Report dated 26.10.2005 of M/s. V. C. Darak & P-30 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2005 and A.Y. 2005-2006.
11.6 Audit Report dated 31.10.2006 of M/s. R.S. Pawar & P-31 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2006 and A.Y. 2006-2007.
11.7 Audit Report dated 26.10.2007 of M/s. Dayalchand P-32 Jain & Co., Chartered Accountants together with Form 5/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2007 and A.Y. 2007-2008.
11.8 Audit Report dated 26.09.2008 of M/s.Dayalchand Jain P-33 & Co., Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2008 and A.Y. 2008- 2009.
11.9 Audit Report dated 29.09.2009 of M/s. Bagla P-34 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s. M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2009 and A.Y. 2009-2010.
11.10 Audit Report dated 27.09.2010 of M/s. Bagla P-35 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s. M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2010 and A.Y. 2010-2011.
11.11 Audit Report dated 22.09.2011 of M/s.Bagla P-36 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s. M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2011 and A.Y. 2011-2012.
11.12 Audit Report dated 17.09.2012 of M/s.Bagla P-37 Associates, Chartered Accountants together with Form 6/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s.M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2012 and A.Y. 2012-2013.
11.13 Audit Report dated 17.09.2013 of M/s. Bagla P-38 Associates, Chartered Accountants together with Form 3CD with Annexures I & II annexed thereto and also with Statement of Computation of total income and Balance Sheet with Schedules attached thereto and Profit and Loss A/c. of M/s. M.K. Marketing, Applicant herein for the Financial Year ending 31.3.2013 and A.Y. 2013-2014.
12. The Duplicate Warrant of Attachment issued by the P-40 Hon'ble High Court.
13. Office copy dated 16.05.2014 of the preceipe from the P-41 Applicant's Advocates to the Prothonotary & Senior Master, High Court, Bombay.
14. Office copy dated 27.05.2014 of the preceipe from the P-42 Applicant's Advocates to the Prothonotary & Senior Master, High Court, Bombay.
16.1 Office copy dated 13.06.2014 of the preceipe from the P-43 Applicant's Advocates to the Prothonotary & Senior Master, High Court, Bombay.
16.2 Office copy dated 13.06.2014 of the preceipe/letter P-44 from the Applicant's Advocates to the Sheriff of Mumbai.
18. Original letter dated 06.08.2014 from Legal & Recovery P-45 Dept. of Abhyudaya Co-operative Bank Ltd., the Disputant to the Applicant.
20 Original Agreement for Sale dated 16.11.1983 made P-46 between Radharaman Ramswarup Goyel therein called the Seller of one part and M.K. Marketing therein called the Buyer of the other part in respect of Industrial premises being unit/gala No.2106/5 on ground floor, Brijwasi Industrial Estate, I.B. Patel Road, Goregaon (East), Mumbai - 400 062.
21.1 Original Maintenance Bill No.327 dated 01.01.1984 in P-47 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.12.1983 7/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc to 31.3.1984.
21.2 Original Maintenance Bill No.362 dated 01.04.1984 in P-48 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.04.1984 to 30.06.1984.
21.3 Original Maintenance Bill No.417 dated 01.07.1984 in P-49 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.07.1984 to 30.09.1984.
21.4 Original Maintenance Bill No.451 dated 01.10.1984 in P-50 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.10.1984 to 31.12.1984.
21.5 Original Maintenance Bill No.485 dated 01.01.1985 in P-51 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.01.1985 to 31.03.1985.
21.6 Original Maintenance Bill No.526 dated 01.04.1985 in P-52 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.04.1985 to 30.06.1985.
21.7 Original Maintenance Bill No.560 dated 01.07.1985 in P-53 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.07.1985 to 30.09.1985.
21.8 Original Maintenance Bill No.594 dated 01.10.1985 in P-54 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.10.1985 to 31.12.1985.
21.9 Original Maintenance Bill No.628 dated 01.01.1986 in P-55 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.01.1986 to 31.3.1986.
21.10 Original Maintenance Bill No.662 dated 01.04.1986 in P-56 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.04.1986 to 31.06.1986.
21.11 Original Maintenance Bill No.697 dated 01.07.1986 in P-57 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.07.1986 to 31.09.1986.
8/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 :::This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 21.12 Original Maintenance Bill No.731 dated 01.10.1986 in P-58 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.10.1986 to 31.12.1986.
21.13 Original Maintenance Bill No.797 dated 01.04.1987 in P-59 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.04.1987 to 30.06.1987.
21.14 Original Maintenance Bill No.831 dated 01.07.1987 in P-60 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 1.7.1987 to 30.9.1987.
21.15 Original Maintenance Bill No.865 dated 01.10.1987 in P-61 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.10.1987 to 31.12.1987.
21.16 Original Maintenance Bill No.899 dated 01.04.1988 in P-62 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.01.1988 to 31.03.1988.
21.17 Original Maintenance Bill No.933 dated 01.11.1988 in P-63 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.04.1988 to 30.06.1988.
21.18 Original Maintenance Bill No.967 dated 01.07.1988 in P-64 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.07.1988 to 30.09.1988.
21.19 Original Maintenance Bill No.1001 dated 01.10.1988 in P-65 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.10.1988 to 31.12.1988.
21.20 Original Maintenance Bill No.1035 dated 01.01.1989 in P-66 respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from 01.01.1999 to 31.03.1999.
21.21 Computer generated Maintenance Bill No. BRR-2000- P-67 01/19 dated 01.04.2000 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from April, 2000 to June, 2000.
9/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 :::This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 21.22 Computer generated Maintenance Bill No. BRR-2000- P-68 01/39 dated 01.06.2000 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from June, 2000 to September, 2000. 21.23 Computer generated Maintenance Bill No. BRR-2000- P-69 01/58 dated 01.09.2000 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from October, 2000 to December, 2000. 21.24 Computer generated Maintenance Bill No. BRR-2000- P-70 01/77 dated 01.01.2001 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from January, 2001 to March, 2001. 21.25 Computer generated Maintenance Bill No. BRR-2001- P-71 02/19 dated 01.04.2001 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from April, 2001 to June, 2001. 21.26 Computer generated Maintenance Bill No. BRR-2001- P-72 02/38 dated 01.06.2001 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from July, 2001 to September, 2001. 21.27 Computer generated Maintenance Bill No. BRR-2001- P-73 02/57 dated 01.10.2001 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from October, 2001 to December, 2001. 21.28 Computer generated Maintenance Bill No. BRR-2001- P-74 02/76 dated 01.01.2002 in respect of Gala No.2106/5, Brijwasi Industrial Estate in the name of Applicant for the period from January, 2002 to March, 2002. 21.29 Original bill for payment of Property Tax in respect of P-75 Gala No.2106/5 for the period 1st April, 1997 to March, 2002 in the name of M/s. M.K. Marketing, the Applicant dated 15.03.2002.
21.30 Computer generated bill No. BRR-INV-05-06/1 for P-76 payment of Municipal Tax in respect of Gala No.2106/5 for the period April, 2005 to June, 2005 in the name of M/s. M.K. Marketing, the Applicant dated 30.06.2005. 21.31 Computer generated bill No.0BRR-INV-05-06/3 for P-77 payment of Municipal Tax in respect of Gala No.2106/5 for the period July, 2005 to September, 2005 in the name of M/s. M.K. Marketing, the Applicant dated 30.09.2005.
10/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 :::This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc 21.32 Computer generated bill No. BRR-INV-05-06/5 for P-78 payment of Municipal Tax in respect of Gala No.2106/5 for the period October, 2005 to December, 2005 in the name of M/s. M. K. Marketing, the Applicant dated 31.12.2005.
21.33 Computer generated bill No. BRR-INV-05-06/7 for P-79 payment of Municipal Tax in respect of Gala No.2106/5 for the period January, 2006 to March, 2006 in the name of M/s. M.K. Marketing, the Applicant dated 31.03.2006.
22.1 Original Electric Bill in respect of Gala No.2106/5 P-80 issued by Reliance Energy in the name of M/s. M.K. Marketing, the Applicant for the month of May, 2013 dated 22.05.2013.
22.2 Original Electric Bill in respect of Gala No.2106/5 P-81 issued by Reliance Energy in the name of M/s. M. K. Marketing, the Applicant for the month of December, 2013 dated 21.12.2013.
22.3 Original Electric Bill in respect of Gala No.2106/5 P-82 issued by Reliance Energy in the name of M/s. M.K. Marketing, the Applicant for the month of February, 2014 dated 21.02.2014.
22.4 Original Electric Bill in respect of Gala No.2106/5 P-83 issued by Reliance Energy in the name of M/s.M.K. Marketing, the Applicant for the month of October, 2017 dated 24.10.2017.
22.5 Original Electric Bill in respect of Gala No.2106/5 P-84 issued by Reliance Energy in the name of M/s.M.K. Marketing, the Applicant for the month of December, 2017 dated 22.12.2017.
22.6 Original Electric Bill in respect of Gala No.2106/5 P-85 issued by Reliance Energy in the name of M/s.M.K. Marketing, the Applicant for the month of March, 2018 dated 26.03.2018.
23. Photocopy of Certificate of Registration issued under P-86 the Central Sales Tax Act, 1956 and The Central Sales Tax (Registration & Turnover) Rules, 1957 dated 19.03.1996.
31. Office copy of Letter from Advocates for Applicant to P-87 the Official Liquidator dated 01.06.2018.
34. Letter from Applicant's Advocates dated 26.06.2018 to P-88 11/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc Petitioner's Advocate for Copy of Company Petition.
36. Copy of Preceipe dated 02.07.2018 for inspection. P-89
37. Copy of Preceipe dated 02.07.2018 for certified copy. P-90
3. Mr. Yashodeep Deshmukh, the Advocate of this Court is appointed as Commissioner to record the cross examination of the Applicant's witness whose Affidavit in lieu of Examination in Chief was taken on record by order dated 4th February, 2020.
4. Following directions are issued to the Commissioner:-
(a) The Commissioner is at liberty to exercise discretion under Order XVIII Rule 444 of the Code of Civil Procedure, 1908, to note the demeanour of the witnesses where necessary.
b) All cross-examination shall be conducted strictly in question and answer form.
(c) The Commissioner will also be at liberty to direct that the whole or any part of the cross-examination should be video recorded for later reference of the court. Should that be done, the original audio visual recording will be submitted along with the 12/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 ::: This Order is modified/corrected by Speaking to Minutes Order dated 27/04/2023 2-chs-967-2014.doc Commissioner's Report to the Registry.
(d) Liberty to the parties as also to the Commissioner to apply in case of difficulty.
(e) All re-examination will be conducted only in court.
(f) Costs of the commission shall be borne equally by the parties.
(g) Parties shall also pay costs of Rs. 500/- per hearing to the Court Clerk who attends the Commission with Court Papers. This is required since these clerks attend the commission in addition to their regular duties and outside their normal working hours.
(h) The Commissioner is not to permit any applications for adjournment on dates previously fixed, except where absolutely unavoidable. Counsel's inconvenience or unavailability does not constitute such unavoidability.
5. The Commissioner shall endeavour to conclude the recording of evidence by 28th April, 2023 and file report before this Court on 3rd May, 2023 at 2.30 p.m. [R.I. CHAGLA J.] 13/13 ::: Uploaded on - 13/04/2023 ::: Downloaded on - 12/06/2023 23:47:11 :::