JUDGMENT - VAZIFDAR S.J., J.:-The witness has deposed that the conversation recorded in the cassette took place in his presence. He has identified the voices on the cassette. He has also deposed about the making of the transcript and the translations thereof. Mr. Sampat has objected to the admissibility of the cassette the transcripts and the translations thereof on various grounds, including those stated in his note.

2. Evidence in this matter commenced on 28-11-2001 before Smt. K.K. Baam, J. (As Her Ladyship then was). The recording of evidence was not complete. It continued before J.A. Patil, J., initially on 26-2-2003. It continued on two days thereafter. The last date on which the evidence was recorded was 31-3-2001. The matter, after the change in assignments is now before me.

3. It is not necessary to rule on the admissibility of this evidence at this stage. Considering the nature of the evidence and the objection taken thereto, this is a fit case for exercising my discretion and admitting the same provisionally and subject to the right of the plaintiffs and defendant No. 2 to pursue their objections at the final stage of the hearing of this proceeding. Further the plaintiff a

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