Unique Sugar Ltd vs Greaves Cotton & Co. Ltd on 24 August, 2018

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Bombay High Court

Unique Sugar Ltd vs Greaves Cotton & Co. Ltd on 24 August, 2018

Bench: K.R. Shriram

        Ladda RS                                                                   14-s-2282-1987.doc

                                                                                                
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             ORDINARY ORIGINAL CIVIL JURISDICTION

                                   SUIT NO. 2282 OF 1987

        Unique Sugar Ltd.                                             .. Plaintiffs
             Vs.
        Greaves Cotton and Co. Ltd                                    .. Defendant

        Mr. Keshav Borhade for Plaintiffs.
        Ms. Jyoti Sanap I/b Deshpande & Co. for Defendant.

                                   CORAM:    K.R. SHRIRAM,   J.

                                   DATE     : 24th August, 2018

        P.C:-

        1)                Mr. Borhade appearing for plaintiffs states that evidence

of PW-2 is yet to be concluded though it began in October, 2016. Mr. Borhade undertakes to this Court to keep the witness present on any date the Commissioner may fix and will not seek any adjournment.

2) The Commissioner already appointed to conclude recording evidence of PW-2 on or before 15 th Sept, 2018. PW 2 shall remain present before the Commissioner on 31st August, 2018 at 5:30 p.m. and on 1st September, 2018 at 11:00 a.m. If the evidence is inconclusive then the Commissioner shall fix the subsequent dates in the week beginning 3rd September, 2018 and that will be for minimum two/three dates per session.


        3)       The Commissioner to fix minimum two/three dates per session

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  Ladda RS                                                        14-s-2282-1987.doc

for cross-examining PW-2. If the Advocates do not respond to the Commissioner's communication within 48 hours of receiving the communication suggesting the dates, the Commissioner to go ahead and fix the dates and the Advocates and the witness shall make themselves available on those dates. If the witness or the Advocates for plaintiffs do not turn up, then the evidence of the witness should be closed and if the Advocates for the defendants do not turn up, then the cross-examination of PW-2 should be closed as 'no cross'. Once the dates are fixed, the Commissioner not to grant adjournment to any party on any ground whatsoever unless the situation is so grave that it warrants an adjournment and it should be for reasons recorded.

 4)       Liberty to apply.  

 5)       Stand over to 21st September, 2018 for directions.



                                                     (K.R. SHRIRAM, J.)




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