Heard Shri A. R. Kantak, learned Counsel appearing for the petitioner and Shri M. B. Da Costa, learned Senior Counsel appearing for the respondent.

2. Rule. Heard forthwith by the consent of the learned Counsels.

3. Shri J. A. Lobo, learned Counsel waives service on behalf of the respondent.

4. After hearing the matter for some time, the following order is passed by consent. It is submitted by Shri Kantak, learned counsel appearing for the petitioner that Shri Ramani, who was appointed as a Commissioner has disclosed his inability to go on with the commission.

ORDER

(i) Shri Sudin Usgaonkar, Advocate present in Court is appointed as a Commissioner to record the evidence of the respondent at her residence.

(ii) The Commissioner's fees shall be borne by the petitioner.

(iii) Before proceeding with the examination of the respondent, the Head of Department of E.N.T., Goa Medical College, Dr. C. P. Das shall remain present before the recording of the said evidence and in case of his inability any senior E.N.T. doctor from the Department designated by him shall remain present at the residence of the respondent and certify as to whether the respondent has disability to hear