1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6172 OF 2009 Hardcastle Restaurants Pvt.Ltd. .. Petitioners Versus Zaika Restaurant & Ors. .. Respondents Mr.S.Purohit i/by M/s.Khaitan & Co for the petitioners. CORAM : A.S.OKA, J. DATE : 17th August 2009. P.C.: . Heard learned counsel appearing for the petitioners. The petitioners are the defendants. The suit filed by the respondents is at a preliminary stage in the sense that application for interim relief is pending. Even before the said application could be heard, the petitioners made application seeking a direction against the respondents-plaintiffs to produce certain documents. By the impugned order, the said application has been rejected. 2. The order impugned is purely interlocutory in nature which is capable of being challenged while 2 preferring an appeal against the decree which may be passed in the suit. If the plaintiffs have withheld material documents, the petitioners can always request the trial Court to draw an adverse inference against the plaintiffs. If preliminary issue as regards jurisdiction is framed, it is obvious that parties will be entitled to lead evidence on the said issue. Subject to what is observed above, writ petition is not entertained and the same is disposed of. (A.S.OKA,J)