1 CHS1375.06.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1375 OF 2006 IN SUIT NO.320 OF 2006 Oil and Natural Gas Corporation Ltd. ... Plaintiffs. V/s. Sharan Purshottamlal Khanna and Ors. ... Defendants. Mr. S.U. Kamdar, Sr. Counsel i/b. S.P. Bharti for the Plaintiffs. Mr. Shailesh Shah with Ms. Neema Kapadia i/b. M/s. Pandya Gandhi & Co. for Defendants 1 to 5 in support of CHS. CORAM : R.Y. GANOO, J. DATED : 22nd JULY 2010. P.C. :- Heard learned Counsels on both sides. The Plaintiffs have at one stage relied upon the documents mentioned at Serial Nos.3 to 6 in the Schedule to the present Chamber Summons as the Chamber Summons was taken up for hearing learned Counsel appearing on behalf of the Plaintiffs, upon instructions states that the Plaintiffs would not like to rely upon the documents at Sr. Nos.3 to 6 at all at any stage though earlier, the Plaintiffs had shown desire to rely upon them. 2. In view of this development, the situation has changed. 2 CHS1375.06.sxw Learned Counsel for Defendant Nos.1 to 5 submits that despite statement made by the learned Counsel for the Plaintiffs that they do not wish to rely upon the documents at Sr. Nos.3 to 6, they are entitled for inspection of the documents. He, therefore, submitted that inspection be ordered. 3. After having considered the provisions of C.P.C. and in particular, Order XI, C.P.C. I am inclined to observe that if the Plaintiffs do not wish to rely upon certain documents the Court should not compel them to do so. If the Defendants want to rely upon those documents, it will be open for the Defendants to take out appropriate proceedings at an appropriate stage to suit their purpose. Certainly, the Chamber Summons with the present prayers is not maintainable. 4. Hence, the Chamber Summons is dismissed. There shall be no order as to costs. Statement made by the learned Counsel for the Plaintiffs that the documents at Sr.Nos.3 to 6 mentioned in the Schedule shall not be relied upon them at any stage is recorded. (R.Y. GANOO, J.)