1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3496 OF 2008 IN SUIT NO.190 OF 1979 WITH NOTICE OF MOTION NO.3497 OF 2008 IN SUIT NO.191 OF 1979 Madhvani Pvt.Ltd. ..Plaintiff. V/s. Taraben Madhvani & Ors. ..Defendants. Mr.U.J.Makhija, Sr.Advocate i/b. M/s. Federal & Rashmikant for plaintiff in all suits. Mr.Tamhane i/b. M/s. Hooseini Doctor & Co. for Defendant No.1A to 1E in S No.190/79, for Defendant No.1A to 1E & 3 to 6 in S No.191/79. Ms.K.R.Davierwala i/b. Mulla & Mulla for Defendant No.2 in S.No.190/79. Mr.K.M.Mody i/b. Little & Co. for Defendant Nos.7A & 7B in S.No.190/79 & S.No.191/79. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 14, 2008. : OCTOBER 14, 2008. : OCTOBER 14, 2008. P.C. P.C. P.C. : : : 1. Not on board. By consent, Motion is taken on board and called out alongwith Suit No.190 of 1979 listed today. 2. Counsel appearing for Defendant Nos. 1(A) to 1(E) and 3 to 6 has handed in affidavit of documents. Counsel for the Plaintiffs has no objection to take the same on record. In the circumstances, relief prayed against the Defendant Nos. 1(A) to 1(E) and 3 2 to 6 in the present suit to strike of their defence for having failed to file affidavit of documents is unavailable to the Plaintiff. Insofar as other defendants namely Defendant Nos.2, 7A, 7B and 8 to 10 are concerned, Counsel for the said defendants states that the said defendant have not filed affidavit of documents. Counsel for the Defendant Nos. 7A, 7B and 8 to 10 states that in fact the said Defendants are supporting the Plaintiffs. In this view of the matter the Plaintiff is not pressing relief claimed in the present motion qua the said defendants. In other words, Motion will have to proceed only against the Defendant No.2. Insofar as the Defendant No.2 is concerned, Counsel appearing for the said Defendant submits that she has no instruction in the matter and that she may consider of withdrawing her appearance as an advocate for the Defendant No.2. If so advised, she may take appropriate application in that behalf. For the present suffice it to observe that the Defendant No.2 has failed to file affidavit of documents or offered any explanation for non-filing of the said affidavit. 3. In the circumstances, relief in terms of prayer clause (a) is granted only against Defendant No.2. Motion is made absolute on the above terms. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)