1. Mr. Nanavati, learned advocate for the respondent has referred to the order passed by the learned Commissioner, who has been nominated for the purpose of recording evidence, on the application moved by the plaintiff asking for direction that defendant may commence the evidence since counter claim seeking revocation of the patent has been filed. He also relied on the decision by the High Court of Bombay in case between Metafield Coil Pvt. Ltd. vs. Nikivik Tube Industries Pvt. Ltd., (2012 [1] Maharashtra Law General, 289) in support of his submission that defendant cannot be compelled to commence evidence. He also relied on the decision of this Court in case between Amrutlal Paragji Desai vs. Smt. Jayaben Haribhai Patel (2008[19] G.H.J. 446).
2. Since on behalf of Mr. Trivedi, learned advocate for the applicant, request for adjournment is made on the ground that he could not attend the hearing because of illness in his family, S. O. to 14.2.2012.
(K.M.THAKER,J.) Suresh* Top