1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 403 OF 2009 IN SUIT NO. 2433 OF 1997 Mr. Arnold J. Von-Geyer & Anr. ... Plaintiffs. V/s. Mumtaz Iqbal Shaikh & Ors. ... Defendants. WITH CHAMBER SUMMONS NO. 404 OF 2009 IN SUIT NO. 1948 OF 1999 Ms. Marie Louise Arlene Cousin. ... Plaintiff. V/s. Mrs. Queenie Righton & Ors. ... Defendants. Mr. Denzil D’Mello for the Plaintiffs/Applicants. Mr. Rajeev Kumar i/b. Deepak Chitnis Chiparikar for Defendants 3A, 3B & 4 in S. 2433 and Defendants 1,1A and 1C in CHS 404/09. Mr. R.C. Shah i/b. Divya Shah & Associates for Defendant Nos. 1 & 2 in CHS 403/09 and Defendants 2 & 3 in CHS 404/09. CORAM : S.C. DHARMADHIKARI, J. DATED : 15TH JUNE, 2009. P.C. :- These Chamber Summonses are seeking directions to the Defendants to file their affidavit of documents and grant inspection of such of the documents as are listed therein and 2 on which the parties place reliance in support of their respective cases. 2. It is the grievance of the Defendants that the Plaintiff is refusing to step into the box and therefore, the proceeding before the Commissioner are unnecessarily delayed whereas Mr. D'Mello, learned Advocate appearing for the Plaintiff states that without the documents being furnished and inspection being granted, the Plaintiff cannot step into the the box as the Plaintiff would be unable to know the case he has to meet. 3. After the matter was argued for some time, both sides have agreed that these Chamber Summonses be disposed off with the following order and directions :- (a) Such of the Defendants who have not yet filed their affidavit of documents and a compilation should file them on or before 1st July 2009. 3 (b) After the affidavit of documents are filed and copies furnished to the Plaintiff's Advocate, the parties to complete the process of discovery and inspection by 15th July 2009. (c) All parties thereafter to appear before the Commissioner on 20th July 2009 and the Commissioner to proceed and record evidence and complete the assignment positively by 30th November 2009. 4. Both sides have agreed that there should be complete compliance with the order and direction of this Court dated 6th February 2008. Accordingly, the Plaintiff's documents which are tendered and are admitted shall be exhibited as Exhibits P-1 to P-25. Commissioner to proceed accordingly. 5. Chamber Summonses disposed off with the above directions. Parties should bear their own costs. S.C. DHARMADHIKARI, J.