: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.2006 OF 2009 IN SUIT NO.1787 OF 1986 Parvez Ardeshir Buzorg & Ors. .. Plaintiffs v/s. Faredoon B. Kermanian & Ors. .. Defendants ......... Mr. H.C. Toor i/by Chitnis & Co. for the plaintiffs Mr. Sandeep Parekh i/by Raj Baid for defendant nos.1,2 4 and 5. ......... CORAM : R.Y.GANOO, J. DATE : 5TH APRIL, 2010. P.C. : 1. The chamber summons is pressed so far as prayer clauses (b) and (c) are concerned. Heard learned advocates on both sides. By prayer clause (b) inspection of certain documents is sought. Affidavit dated 10th February, 2010 is filed mentioning therein certain documents, which are in possession and power of the defendant nos.1,2,4 and 5. Defendant nos. 1,2,4 and 5 contended that the inspection has been given and a letter confirming the fact that the inspection has been given has been addressed : 2 : to the advocate for the plaintiffs and, therefore, according to learned advocate Mr. Parekh, inspection has already been given and the prayer for second round of inspection should not be granted. 2. Even if the stand of the defendants that defendant nos.1,2,4 and 5 were given inspection in the past is accepted, in order to complete the formalities, I am inclined to direct defendant nos.1,2,4 and 5 to give inspection in regard to various documents reflected in the affidavit dated 10th February, 2010. The inspection is fixed namely inspection shall be offered on 10th April, 2010 at 11.00 a.m. in the office of the attorney for defendant nos.1,2,4 and 5. This disposes of prayer clause (b). 3. So far as prayer clause (c) is concerned, it relates to expeditious hearing of the suit on the ground that two of the plaintiffs are senior citizens. Noted this facts. Even defendant no.1 is senior citizen namely aged 77 years. This makes me to hold that chamber summons can be made absolute in terms of prayer clause (c). Hence, the following order is passed. ORDER (i) Defendant nos.1,2,4 and 5 shall offer inspection of documents reflected in affidavit dated 10th February, 2010 in his office at 11.00 : 3 : a.m. or immediately thereafter. If inspection offered on that day is not taken, the same shall not be given again as the date, time and venue is fixed in the presence of both the parties. This disposed of prayer clause (b). (ii) So far as prayer clause (c) is concerned, the suit is ordered to heard expeditiously after formalities of inspection are over. Suit is adjourned to 27th April, 2010 for framing issues. [R.Y.GANOO, J.]