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 CHAMBER SUMMONS NO.1134 OF 2008. CHAMBER SUMMONS NO.1134 OF 2008. CHAMBER SUMMONS NO.1134 OF 2008. IN IN IN SUMMARY SUIT NO.2773 OF 2003. SUMMARY SUIT NO.2773 OF 2003. SUMMARY SUIT NO.2773 OF 2003. M/s. Pretty Exports ..Plaintiffs versus M/s. New Bharat Traders & Ors. ..Defendants Mr.Kirit Modi for the Plaintiff Mr.C.A.Waheed for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th Sept., 2008. DATED : 17th Sept., 2008. DATED : 17th Sept., 2008. P.C. 1. The plaintiffs have taken out this Chamber Summons and have prayed that the plaintiffs be permitted to produce further documents as per the schedule annexed to the Chamber Summons. Affidavit in reply is filed opposing the Chamber Summons. 2. I have heard learned advocates on both the sides. It is seen that at the time of commencement of recording of evidence certain documents were sought to be relied upon by the plaintiffs. They have either been marked as exhibit or marked for identification before commencement of the evidence of P.W.1. Plaintiffs have now realised that in -2- order to prove their case they are required to prove as many as eight documents set out in the schedule. Hence the Chamber Summons. 3. In order to enable the plaintiffs to prove their case, the Court cannot stop the plaintiffs from producing the documents. If such a view is taken it would be against the principle of natural justice. At the same the plaintiffs can’t be permitted to rely upon these documents through P.W.1, who is under cross examination. Atleast during the time while the cross examination of P.W.1 is in progress. The course to be followed is to make an application for recalling of P.W.1 which may be considered on merits and or to prove these documents through some other witness. Learned Advocate Shri Modi upon instructions made a statement that plaintiffs shall not make an application for recalling of P.W.1 for proving the documents set out in the schedule and plaintiffs may consider taking appropriate action, including making an application for recalling of P.W.1. With this observation the chamber summons can be granted. -3- 4. For the reasons mentioned aforesaid, the Chamber Summons is made absolute in terms of prayer clause (a). There shall be no order as to costs. . It is to be clarified that mere production of documents does not mean that the Court has exhibited these documents. Plaintiffs will have to prove these documents in accordance with the provisions of law. The statement made by Mr. Mody that plaintiffs will not make application for recalling of P.W.1. while the cross examination is in progress is noted. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) -4- 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 SUMMARY SUIT NO.2773 OF 2003. SUMMARY SUIT NO.2773 OF 2003. SUMMARY SUIT NO.2773 OF 2003. M/s. Pretty Exports ..Plaintiffs versus M/s. New Bharat Traders & Ors. ..Defendants Mr.Kirit Modi for the Plaintiff Mr.C.A.Waheed for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th Sept., 2008. DATED : 17th Sept., 2008. DATED : 17th Sept., 2008. P.C. 1. Chamber Summons No.1134 of 2008 is disposed of today. Mr.Mody states that witness who is under cross examinations is absent as he expected that the Court will be disposing of the Chamber Summons first. By consent adjourned to 7.10.2008 for further cross examination of P.W.1. (R.Y.Ganoo, J.)