SUPREME COURT OF INDIA

Before:- B.N. Kirpal, N. Santosh Hegde and K.G. Balakrishnan, JJ.

C.A. No. 166/1994 with IA No. 1. D/d. 24.7.2001.

Canbank Financial Services - Appellant

Versus

Custodian & anr. - Respondents

Civil Procedure Code, 1908 Section 109 Appeal - Cross examination - Special Court not adjourn case on any ground and proceed day-to-day till cross-examination of both Mehta brothers is over and If necessary, any other case listed before Special Court on days when the cross-examination is to be conducted, should be adjourned - After examination of Mehta brothers is completed, Special Court to forward testimony of said persons along with affidavits filed by them within four weeks thereafter.

[Paras 1 and 2]

ORDER

1. I.A. No. 1/2001: In our opinion, this application has been filed solely with a view to avoid appearance in Court for examination. We find no justification for allowing this application. The order of this Court dated 6th February, 2001 has been flouted by Ashwin Mehta as well as Harshad Mehta. We are informed that the next date of hearing before the Special Court is 7th August, 2001. We direct both Harshad Mehta and Ashwin Mehta to appear before the Special Court for cross-examination. The Special Court shall not adjourn the case on any ground and shall proceed day-to-day till cross-examination of both the Mehta brothers is over. If necessary, any other case listed before the Special Court on the days when the cross-examination is to be conducted, should be adjourned. This application is disposed of with the aforesaid directions.

2. After the examination of Ashwin Mehta and Harshad Mehta is completed, the Special Court will forward the testimony of said persons along with the affidavits filed by them within four weeks thereafter.

3. List this case for directions after eight weeks.

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