1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1215 OF 2009 IN SUIT NO.3015 OF 1998 Praful Manilal Shah ...Plaintiff vs. Gujarat Ambuja Cement Ltd. & Ors. ...Defendants Mr.A.H.H.Shukla i/b Shukla & Shukla for the plaintiff None for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 9, 2009 P.C. 1 Heard learned counsel for the plaintiff in support of the chamber summons. He states that the chamber summons has been duly served to the first defendant. He pointed out that though other defendants were served with the writ of summons, they have not chosen to defend the suit. The learned counsel for the plaintiff tendered across the bar a compilation containing 8 documents. The prayer in the chamber summons is for permitting the plaintiff to lead secondary evidence of the documents relied upon in the suit. The learned counsel for the plaintiffs states that the plaintiffs desire to lead secondary evidence of the original documents by producing the said documents which are tendered across the bar along with a list of documents. The list of documents along with the documents are marked `X (collectively) for identification. He has also tendered on record an affidavit in lieu of evidence of the plaintiff. 2 2 In paragraph 2 of the affidavit in support of the chamber summons, it is stated that the plaintiff had kept the original documents at his residence at 58/C Walkeshwar Road, Krishna Niwas, Mumbai 400 006. In paragraph 3, of the affidavit it is stated that sometimes in August 2006, the residence was shifted to another premises at New Gayatri Co-op Society Ltd., 80/80A, 5th floor, Walkeshwar Road, Mumbai-400 006. He has stated that while shifting the residence, the documents were lost or misplaced. 3 In view of the averments made in the affidavit in support, a permission deserves to be granted to the plaintiffs to lead secondary evidence of the original documents by producing the documents which are tendered today along with the list of documents. Chamber Summons is made absolute accordingly. 4 It is, however, clarified that the plaintiff will have to prove that the original documents were in existence. The plaintiffs will have to also prove the copies of the documents in accordance with law. 6 The suit shall be set down for recording of evidence on 23rd November 2009. JUDGE