- 1 - 10. s.2231.09 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 353 OF 2011 IN SUIT NO. 2231 OF 2009 Ramchandra Pandurang Gawankar ..Plaintiff -Versus- Arvind Ramchandra Gawankar & Ors. ..Defendants .......... Mr.Mayur Khandeparkar i/by T.N.Tripathi & Co. for the Plaintiff. Mr.Vindu P. Pandey for Defendant No.1. Mr.Rajiv Mane AGP for Defendant No.2-State. Ms.Jyoti Sinha i/by Negandhi Shah & Himaytullah for Defendant No.4. .......... CORAM : S.J. KATHAWALLA, J. DATE : 8TH MARCH 2011. P.C. 1 By this Chamber Summons, the plaintiff seeks the following relief : "(a) That the witness summons be issued to the Estate Manager No.5. The Maharashtra Housing and Area Development Board- Defendant No.2 to produce before the Hon'ble Court original documents in possession of Defendant No.2 submitted by Defendant No.1 as per the list annexed hereto and marked Ex-A." - 2 - 10. s.2231.09 2 The learned advocate for the plaintiff submits that since the plaintiff has copies of all the documents set out in the schedule to the Chamber Summons, which he has obtained under the Right to Information Act he has no objection if defendant No.2-MHADA is directed to keep the said documents in Court at the time of recording of the evidence in the suit. 2 In view thereof, the Chamber Summons is disposed of with a direction that the defendant no.2-MHADA shall keep the originals of the documents as set out in the schedule to the Chamber Summons, in Court at the time of recording evidence in the suit. It is clarified that if defendant no.2-MHADA takes a stand that originals of certain documents are not in their possession, the plaintiff shall be at liberty to apply for suitable directions seeking production of the originals from the party in whose possession the originals would be available according to the plaintiff. 3 The plaintiff shall file their affidavit of evidence as well as affidavit of documents alongwith compilation of original documents within two weeks from today. 3 Place the suit for directions on 17th April 2011. [ S.J. KATHAWALLA, J. ]