IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1063 of 2007. NOTICE OF MOTION NO.1063 of 2007. NOTICE OF MOTION NO.1063 of 2007. IN IN IN SUIT NO.1019 of 2002. SUIT NO.1019 of 2002. SUIT NO.1019 of 2002. Raghunath Jivaji Sawant & Anr. ..Plaintiffs versus M/s. Bilicon Corporation & Ors. ..Defendants Mr.V.D.Surve for the Plaintiffs Mr.Rahul Nerlekar for the Defendant Nos.1 to 3 CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th Nov., 2008. DATED : 17th Nov., 2008. DATED : 17th Nov., 2008. P.C. 1. Heard learned Advocates on both the sides. According to the plaintiffs defendant No.1 is in possession of various documents set out in prayer clauses of the motion. As against this, defendant No.1 contended that the said documents are not in his possession. If these are the rival contentions, it is not possible for this Court now to record the positive finding that defendant No.1 is in possession of the document. 2. At one stage M/s.Divekar and Company had remained present before the Court pursuant to the Court’s request and at that time they had indicated -2- that they would take steps to search the documents if at all they are lying in the office, particularly when the period is of earlier days. Today, nobody is present on behalf of M/s. Divekar and Company. In my view, in this position this Court cannot record the finding that the documents are necessarily with the defendants and as such the relief sought by the plaintiff cannot be granted so far as the prayer clause (a) is concerned. This is a suit of 2002. Learned Advocate for the plaintiff wants that the suit should be expedited. I see no difficulty in granting this relief. Hence the Order. ORDER . Motion is dismissed so far as prayer clause (a) is concerned. . Motion is made absolute in terms of prayer clause (b). . There shall be no order as to costs. . Suit adjourned to 12.12.2008 for framing issues. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)