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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

ORDINARY ORIGINAL CIVIL JURISDICTION

ORDINARY ORIGINAL CIVIL JURISDICTION

NOTICE OF MOTION NO. 2370 OF 2005

IN

SUIT NO. 1560 OF 1995

Dinesh S. Advani @ Laxman S.

Advani @ L.S. Advani. .. Plaintiff.

vs.

Mrs. Jasbir Vallia .. Defendant.

Mr. S.K. Jain a/w Naina Desai

for plaintiff.

Mr. V. G. Mehta for defendant.

Mr. A.M. Saraogi for defendant no. 2.

CORAM : S.U.KAMDAR, J.

CORAM : S.U.KAMDAR, J.

CORAM : S.U.KAMDAR, J.

DATE : 26th August, 2005.

DATE : 26th August, 2005.

DATE : 26th August, 2005.

P.C.

. Motion made returnable forthwith by consent

of the parties and called out for hearing and final

disposal.

2. By consent of the parties, the following

order is passed.

The ex-parte decree dated 13.12.2004 as

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corrected by order dated 20.1.2005 is set

aside. Suit is restored.

3. In the present case issues are already

framed. In the interest of justice this is a fit

case where the matter can be referred to under Order

26 rule (4) of the Civil Procedure Code for

recording evidence before the Commissioner. Both

the parties have no objection for the same.

4. Mr. Satish Shah Advocate is appointed as

Commissioner to record evidence. The Commissioner

is directed to commence the recording of evidence on

or before 10.9.2005. The Commissioner is further

directed to record the objections raised, if any by

the parties, the same will be determined by the

Court at the hearing of the suit. The Commissioner

is further empowered that if any party does not

cooperate by producing the witnesses on more than

two adjournments, the Commissioner will go over to

the next witness and conduct the evidence and file

his report by 30.11.2005. On such report being

filed the matter to be placed for hearing and final

disposal in the week commencing 5.12.2005. Hearing

of the suit expedited.

5. By consent of the parties, during the

pendency and final hearing of the suit, the Court

Receiver, High Court, Bombay is appointed as

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Receiver. The receiver is directed that the

defendant to be appointed as an agent of the Court

Receiver without any security but on usual terms and

conditions of royalty. The receiver is directed to

finalise the agency agreement within a period of

three weeks from today and fix the royalty also

within the period of three weeks. If he is not able

to fix permanent royalty, he is directed to fix

ad-hoc royalty immediately. The defendant

undertakes to hand over formal possession of the

suit premises. The Court Receiver to take