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Bombay High Court

1.Shanta Mirchandani And Anr vs Rajendra Kumar Shahani S/O Arjun Gurdas ... on 19 October, 2022

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                  2-2-MPT-87-11-Commissioner.doc

                   Sharayu Khot.
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      TESTAMENTARY AND INTESTATE JURISDICTION

                                        MISCELLANEOUS PETITION NO. 87 OF 2011
                                                                 IN
                                        TESTAMENTARY PETITION NO. 222 OF 1993


                         Shanta Mirchandani & Anr.                              ...Petitioners

                                   Versus

                         Rajendra Kumar Shahani                                 ...Respondent

                                                              ----------
                         Mr. Shanay Shah a/w Ms. Shradha Achliya i/by Jinal Garasia for the
                         Petitioners.
                         Mr. Robin Jaisinghani a/w Ms. Jacinta D'silva for the Respondent.
                                                              ----------

                                                              CORAM        : R.I. CHAGLA J

                                                                DATE       : 19 October 2022

                         ORDER :

1. By order bearing the same date, the Affidavit in lieu of examination in chief of Mr. G.V.H.V. Prasad (PW.5) dated 19th SHARAYU October 2022 has been taken on record and marked as Exh.P-11. PANDURANG KHOT Digitally signed by SHARAYU PANDURANG

2. Compilation of documents bearing two documents have KHOT Date: 2022.10.21 16:07:05 +0530 been tendered and the documents are as under :-

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2-2-MPT-87-11-Commissioner.doc (1) Original Report dated 17 October 2022 issued by G.V.H.V. Prasad, Director for Forensic Documents Examination of Truth Labs, Forensic Services. (2) Original certificate of G.V.H.V. Prasad, Director for Forensic Documents Examination of Truth Labs, Forensic Services under Section 65B of the Indian Evidence Act, 1872.

3. In view of the document at Sr.No.1 being original Report dated 17th October 2022 issued by PW.5, the document is taken on record and marked Exh.P12, subject to cross-examination.

4. Document at Sr.No.2 is original certificate of PW.5 under Section 65B of the Indian Evidence Act, 1872 is taken on record and marked Exh.P13, subject to cross-examination.

5. By consent of parties, Ms. Mamta Sadh who had been previously appointed as Commissioner, is continued as Commissioner to record the evidence of Mr. G.V.H.V. Prasad (PW-5).

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2-2-MPT-87-11-Commissioner.doc

6. Rest of the directions with regard to the Commissioner issued in the order dated 9th February 2018 shall continue to operate.

7. Commissioner shall submit the Report before this Court on 15th December 2022 at 2.30 p.m. [R.I. CHAGLA J.] 3/3