1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPEAL(L) NO. 16 OF 2010 IN COMPANY PETITION NO. 37 OF 2005 Graham Firth Steel Products (India) Ltd. and others .. Petitioner Versus Dhanesh Mehta and others .. Respondents Mr. Mukesh M. Vashi a/w Ms. Prachi Khandge i/by M.P.Vashi & Associates for the Appellants Mr. Rahul Chitnis a/w Mr. Arun Siwach i/by A & M & S.A. Shroff & Co. for the Respondents CORAM : S. J. KATHAWALLA, J. DATE : 15th October, 2010 P.C.: 1. By this Appeal, the Appellant Company has impugned the order passed by the Company Law Board (CLB) dated 18 th March, 2001 wherein the Appellants are directed to provide inspection of documents as per Annexure-M to the Application, if the same are available with the Appellants. 2. After hearing the learned Advocates appearing for the parties, the following order is passed by consent of the parties: 2 i. The Appellants have from time to time given inspection to the Respondent Nos. 1 and 2 of some of the documents set out in Anenxure-M to the Application . ii. As regards documents which are not available with the Appellants and inspection of which is not given, the Appellants shall not be allowed to rely on the same. iii. As regards the documents which are admittedly in possession of the Appellants and inspection of the same is not offered, an adverse inference shall be drawn against the Appellants if the CLB is of the view that inspection of the same was required to be given by the Appellants to the Respondent Nos.1 and 2. iv. The Respondents shall file their rejoinder on or before 18 th November, 2010 and shall forthwith forward a copy of the same to the Advocate for the Appellants. v. The CLB shall proceed with the hearing of the Company Petition on 30 th December, 2010. 3. The Company Appeal is accordingly disposed of. (S. J. KATHAWALLA, J.)