CS/1/2007 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL SUITS No. 1 of 2007 ========================================================= HIND MOSAIC AND CEMENT WORKS & 1 - Plaintiff(s) Versus SHREE SAHJANAND TRADING CORPORATION & 1 - Defendant(s) ========================================================= Appearance : MR KAMAL B. TRIVEDI, SENIOR COUNSEL appearing with MR.H.S.TOLIA, MR.TEJAS TRIVEDI,Learned advocates for MR YJ TRIVEDI for the Plaintiff(s) : 1 - 2. None for Defendant(s) : 1, MR PRANAV S TRIVEDI for Defendant(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 04/07/2008 ORAL ORDER
1. Though
learned advocate Mr.Y.J.Trivedi appearing for the plaintiffs has
filed sick note, learned senior counsel Mr.Kamal B. Trivedi with
learned advocate Mr.H.S.Tolia and learned advocate Mr.Tejas S.
Trivedi appears for him.
2. Defendant
No.1 though served, none appears. Learned advocate Mr.Pranav S.
Trivedi appears for contesting defendant No.2.
3. In
furtherance of this Court’s earlier orders dated 27.3.2008 and
22.4.2008, both the parties to the proceedings agree for appointment
of Shri P.B.Raval, Retired Judge of City Civil Court, Ahmedabad, as
Court Commissioner, whose consent has been obtained, to record oral
evidence to be placed before this Court. In view of consensus between
the parties in this behalf, the following directions are issued in
the matter-
(i) Shri
P.B.Raval, Retired Judge of City Civil Court, Ahmedabad is appointed
as a Court Commissioner to record oral evidence of both the parties;
(ii) The
terms and conditions of the said appointment may be mutually fixed by
the parties in consultation with Shri P.B.Raval;
(iii)The
venue for the aforesaid purpose shall be decided in consultation with
Shri P.B.Raval;
(iv) Both
the parties have already filed their examination-in-chief by way of
affidavits therefore their cross-examination will be recorded by the
Court Commissioner and in case of need, both the parties are at
liberty to lead further evidence.
(v) The
recording of oral evidence shall be over within two months from today
and the parties shall extend all co-operation to the Court
Commissioner in completing the recording of evidence within this
time.
(vi) Since
the defendants have challenged the validity of the plaintiffs’
subsisting registered patent by filing the counter-claim for its
revocation,the defendants shall begin first and the plaintiffs
reserve their right to lead evidence in rebuttal.
4. In
view of above, Registry is directed to handover the record and
proceedings to the Court Commissioner Shri P.B.Raval, Retired Judge
of City Civil Court, Ahmedabad for the purpose of recording evidence
in the suit. The Court Commissioner is directed to report to this
Court with the evidence recorded by him on or before 1.9.08 with
record and proceedings. The suit stands over to 10th
September, 2008.
(Bankim
N. Mehta, J.)
sudhir