1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 768 OF 2008 IN SUIT NO. 4847 OF 1995 Feroze Homi Duggan. ... Plaintiff. V/s. Benzer Interior Pvt. Ltd. & Ors. ... Defendants. Mr. P.N. Ganwani i/b. Soloman & Co. for the Plaintiff. Mr. Ajit Anekar for Defendant 1. Mr. Zubin Behram Kamdin & Vivek Vashi & Sushma Nagaraj i/b. Bharucha & Partners for Defendant No.2. Mr. Amit Kanani i/b. Hariani & Co. for Defendant Nos.4 & 5. Ms. Shifa Shaikh i/b. L.C. Tolat & Co. for Defendant No.7. CORAM : S.C. DHARMADHIKARI,J. DATED : 20TH AUGUST 2009. P.C. :- In compliance with the order passed on the last occasion, it is stated that copies of the document listed at Item No.7 at Exhibit 'B' to an affidavit in rejoinder of the Appellant to the reply of the Plaintiff in Notice of Motion No. 1982 of 2008 in Appeal (Lodg.) No. 273 of 2008 have been given to Defendant No.2. 2. It is stated that the list of documents is taken from proceedings which are in the aforesaid Appeal. This Appeal is directed against an order passed by this Court striking off the defence of Defendant No.2. 2 3. Without prejudice to the rights and contentions of both sides in Appeal, it was agreed that the documents would be provided. However, now it is stated by Mr. Ganwani, on instructions, that the Plaintiff may not have all the documents which are listed at Exhibit B or copies thereof. He submits that there is a difficulty inasmuch as some of the motions/proceedings are moved by the Defendants to the Suit and not necessarily by the Plaintiff. Therefore, the Plaintiff's Advocate may not be having the complete record. 4. I do not see how this difficulty can present any problem either to the Plaintiff or Defendant No.2. If the Plaintiff has some of the documents, he may grant inspection and provide copies at the costs and charges to be incurred by Defendant No.2. Such of the documents which are not in the custody and possession of the Plaintiff should be intimated to the Advocate for Defendant No.2 within a period of 4 weeks from today and thereafter, it is for Defendant No.2 to approach the Registry. The Registry then to provide copies from the records of the present Suit to Defendant No.2 at the costs, charges and expenses of Defendant No.2. 5. Needless to state merely because Defendant No.2 is to be provided with copies of certain documents relied upon by the Plaintiff does not mean that this Court has in any manner accepted that Defendant No.2 has right to defend the Suit. All these matters are open for parties and the contentions in that behalf in the pending proceedings including the Appeal are 3 kept open. Subject to the said Appeal and without prejudice to the rights and contentions of all parties therein, the Plaintiff should provide the necessary documents if they are in possession and custody of the Plaintiff's Advocate or else, Defendant No.2 to follow the above course. 6. The Chamber Summons is disposed off with these directions. No order as to costs. 7. Place the Suit on board after four weeks, for directions. (S.C. DHARMADHIKARI,J.)