ORDER

% 10.07.2024 I.A. No. 32857/2024 (Application under Section 151 CPC seeking directions)

1. The present application has been filed on behalf of the plaintiffs under Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking directions.

2. Learned counsel appearing for the plaintiffs submits that the suits which have been clubbed together, are at the stage of plaintiffs’ evidence.

The plaintiffs were given the liberty to file the evidence by way of an affidavit, of their company witness, Mr. Makarand Karnataki, vide order dated 8th August, 2016, which was duly filed on 30th November, 2016.

3. It is submitted that Mr. Makarand Karnataki has left the plaintiff no. 2’s employment in September 2017 and is currently working as the Legal Head with another company, which is based in Mumbai. Thus, it is submitted that Mr. Makarand Karnataki has a very tight schedule, despite of which, he has been appearing before the learned Local Commissioner on various dates.

4. It is submitted that on 05th July, 2024, Mr. Karnataki had informed the learned Local Commissioner that it would be difficult for him to appear on the next date fixed before the learned Local Commissioner i.e., 12th July 2024, due to employment commitment to his current employer. He further informed the learned Local Commissioner that the records in the four consolidated suits, are voluminous and the evidence is likely to take some time. It is submitted that since Mr. Karnataki is located in Mumbai and has a very pressing schedule with his current employer, it is very tough for the said witness to appear before the learned Local Commissioner once every week. Thus, by way of the present application, it is prayed that the witness namely Mr. Makarand Karnataki, be allowed to appear before the learned Local Commissioner on any one day of every month, till the conclusion of his cross-examination.

5. Issue notice.

6. Notice is accepted by learned counsel appearing for the defendant.

7. She submits that she has no objection to the present application.

8. This Court notes that the Guidelines dated 25th June, 2024 for the Local Commissioner categorically state that the Local Commissioner shall ordinarily not adjourn recording of evidence for a period beyond one week.

Therefore, the Local Commissioner is right in putting the dates, accordingly.

9. However, considering the fervent plea made by learned counsel appearing for the plaintiffs before this Court, it is directed that Mr.

Makarand Karnataki, the witness of the plaintiffs, shall be allowed to appear before learned Local Commissioner on any one day of every month.

However, it is further directed that endeavour shall be made by learned counsel appearing for the plaintiffs that the said witness i.e., Mr. Makarand Karnataki, appears on at least two consecutive dates before the learned Local Commissioner, so that the examination can proceed expeditiously.

10. Accordingly, in view of the aforesaid, the date of 12th July, 2024 listed before the learned Local Commissioner, is hereby cancelled.

11. Learned counsel appearing for the plaintiffs, with the consent of learned counsel appearing for the defendant and the learned Local Commissioner, shall ensure that a fresh date is fixed before the learned Local Commissioner within a period of one week from today.

12. With the aforesaid directions, the present application is disposed of. MINI PUSHKARNA, J JULY 10, 2024 c