1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa WRIT PETITION NO. 351 OF 2010 Adolf D'Souza .. Petitioner/ Org.Respondent No.1. v/s. Somshankar Dasappa Gowada & Ors. .. Respondents. .... Mr. M. M. Vashi i/b. M. P. Vashi & Associates for the Petitioner. Mr. D. B. Sawant for Respondent No.1. Ms. Trupti Puranik for Respondent No.2-BMC. .... CORAM : S. J. KATHAWALLA, J. DATE : MARCH 8, 2010. P.C. By this Writ Petition, the Petitioner has impugned the order passed by the Additional Chief Judge, Small Causes Court, Bombay dated 13th January, 2010. By the said order the Respondent No. 1 is permitted to file an additional affidavit of evidence on a limited point of proving the custody of the VDCs. The Respondent No. 1 is also permitted to play the VCDs during the evidence at his costs by producing instruments on which such VCDs are to be played. 2 2. The learned Advocate appearing for Respondent No.1 agrees that the said order be set aside, since Respondent No. 1 will get a witness summons issued against the Gold Monitoring Services for producing before the Court the relevant CD's from their possession. 3. In view thereof, the following order is passed : :: O R D E R :: i. The order passed by the Small Causes Court, Bombay dated 13th January, 2010, is set aside. ii. In the event of Respondent No.1 making any Application/s for issuing a witness summons to the Gold Monitoring Services and for any other consequential reliefs pertaining to production of CD’s/VCDs and or playing the said CD’s/VCDs in Court, the same shall be heard and decided by the Small Causes Court 3 on its own merits. iii. In the event of such Application/s being made by the Respondent No.1, the Small Causes Court, Bombay shall dispose of the same within a period of two weeks from the date of filing of the said Application/s. iv. The Writ Petition, is, accordingly, disposed of. [ S. J. KATHAWALLA, J. ]