Lodha Developers Private Ltd vs Manohar B. Kawali And Anr on 5 March, 2020

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Bombay High Court

Lodha Developers Private Ltd vs Manohar B. Kawali And Anr on 5 March, 2020

Bench: G.S.Kulkarni

                                                                86.S2428_2012.doc

Vidya Amin

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

                                      SUIT NO. 2428 OF 2012

         Lodha Developers Pvt. Ltd.                          ... Plaintiff
              V/s.
         Manohar B. Kawali & Anr.                             ... Defendants

                                              WITH
                                      SUIT NO. 2429 OF 2012

         Lodha Developers Pvt. Ltd.                          ... Plaintiff
                V/s.
         Dilip Balwant Kawali & Anr.                          ... Defendants

                                              WITH
                                      SUIT NO. 2563 OF 2012

         Lodha Developers Pvt. Ltd.                          ... Plaintiff
               V/s.
         Santosh Balwant Kawali & Anr.                        ... Defendants

         Ms. Nikita Panse i/b. Veritas Legal for the plaintiff.
         Ms. Sangeeta Gudhka a/w. Dipti Shah for the defendant no. 1.

                                    CORAM : G.S.KULKARNI, J.

DATE : 5 March 2020 P.C.:

Learned advocate for the plaintiff to make available to the learned advocate for defendant no. 1 all the proceedings of the suits. This exercise be undertaken within two weeks from today. Learned advocate for defendant no. 1 permitted may also take inspection of the record of the suit.

2. It is informed that the affidavit in lieu of examination-in-chief of the 1/2

86.S2428_2012.doc plaintiff is already placed on record. The documents are also marked and now the parties will be required to proceed for recording of evidence and for which Commissioner for recording of evidence will be required to be appointed.

3. Mr. Yogeshwar S. Bhate, Advocate of this Court is appointed as Commissioner for recording of evidence, who shall proceed to record evidence after four weeks from today. In the meantime, till the Commissioner proceeds to call for the first meeting, the defendants shall get completely ready and prepared to cross-examine the plaintiff's witness. Learned Commissioner so appointed shall make an endeavour to record evidence as expeditiously as possible and within a period of eight weeks from the date he holds the first meeting.

4. Accordingly stand over to 25 June 2020.

5. Liberty to apply.





                                                                          (G.S.KULKARNI, J.)




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        Digitally
Vidya   signed by
        Vidya S. Amin
S.      Date:
        2020.03.12
Amin    11:12:22
        +0530

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