1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.442 OF 2008 IN SUIT NO.2014 OF 1998 The Trustees of Jawaharlal Nehru Port Trust .. Plaintiff Versus Asia Foundation & Construction Ltd. .. Defendant Ms.Preeti Shah i/b. Mulla & Mulla for plaintiff Mr.Vishal Kanade with Mr.Rodrigues i/b.Desai & Diwanji for defendant CORAM : S.C.DHARMADHIKARI, J. DATE : 16th March 2009. P.C. . This is a chamber summons by the original defendants. The prayer is that the original 2 defendant has not been granted inspection of the documents relied upon by the plaintiff in support of the suit claim. My attention is invited to Schedule A to the chamber summons by Mr.Kanade appearing in support of the chamber summons. He, therefore, prays that the Court must grant the relief as prayed for in prayer clause (a) of this chamber summons. 2. Although, no affidavit in reply is filed, on 17th February 2009 I had recorded a statement of Ms.Shah appearing for plaintiffs, which statement was made on instructions to the effect that the original records are not traceable. Time was granted to plaintiffs to make further statement with regard to tracing of originals and availability of the records pertaining to suit claim, with them. 3. Now, today after obtaining further instructions, Ms.Shah states that the plaintiffs 3 have not been able to get the original records. They have photocopies of some of the documents, which have been relied upon by them and which have been listed at pages 29 to 31 of the plaint. Such of the photocopies of the documents relied upon by the plaintiffs and are available with the plaintiff’s Advocate, inspection thereof would be granted. She makes a further request that the Court may grant time to plaintiffs to trace out originals and, thereafter, given inspection thereof as well. 4. As far as copies of the originals which are available are concerned, there cannot be any quarrel or dispute. If the plaintiffs do not have originals with them, then, whatever copies they wish to rely upon of the documents enlisted by them at pages 29 to 31, they are obliged to grant inspection thereof to the defendants and they must do so within four weeks from today. If plaintiffs are in position to trace the original 4 records, then, the inspection thereof must also be granted to defendants’ Advocate but entire process must be completed in any event within eight weeks from today. 5. No more time cannot be granted as this is a suit of the year 1998 and pending in this Court for more than 10 years. For the last 10 years if plaintiffs are unable to search or trace original records and place the same before this Court, I do not see how the situation will improve now. Be that as it may, within the time granted by me above, if the original records are traced and such of the originals which are available can be inspected by the defendants. If no originals are made available then copies of all such documents of which originals are not available must be given inspection. Needless to clarify that such of the documents of which inspection has not been given to these defendants, plaintiffs will not be permitted to rely upon them at the trial. 5 Chamber summons is disposed of. 6. Leave to amend granted to plaintiff to change the cause title of the plaint and make consequential amendments as the name of defendants is changed from Asia Foundation and Construction Ltd. to AFCONS Infrastructure Ltd. All amendments to the title and consequential be carried out within four weeks from today. (S.C.Dharmadhikari, J)