Judgment -S. U. KAMDAR, J.

( 1 ) THE present Notice of Motion has been taken out for a direction to determine the admissibility of all the documents which are sought to be produced by the plaintiffs through their witness Mr. S. K. Agarwal before the commissioner. Some of the relevant facts of the present case are as under:

( 2 ) THE plaintiffs have filed a suit for recovery of sum of Rs. 8,39,14,843/- plus US $ 45,26,707,88 plus US $ 12,340 with interest thereon @ 18% p. a. The said suit was referred to the Commissioner for recording evidence by an order dt. 23. 10. 2002 passed by this Court and Ms. Madhavi Diwan practising advocate of this Court was appointed Commissioner with further direction that parties to file affidavit of evidence within a period of 2 weeks, The said order dt. 23. 10. 2002 specifically provides as under:-

( 3 ) "the Commissioner shall comply with all the other provisions of the applicable rules contained in Order 18 and in particular, shall record any objection which is raised before him. The objections, if any, shall be determined by the Court at the trial of the suit".

( 4 ) THEREAFTER the matter was placed before the learned Single Judge of this Court on 21

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