IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.4766 OF 2007 IN SUIT NO.2121 OF 1988 Union Bank of India ..Plaintiff. Vs. M/s. Saraswati Industries and others ..Defendants. .... Mr. N.V. Vimadalal for the Plaintiff. Mr. Umesh G. Yerunkar for Defendants 6 and 7. Mr. V.M. Bharadwaj – Defendant No.8 in person. .... CORAM: DR. D.Y. CHANDRACHUD, J. 27th February, 2008. P.C. : This Notice of Motion which has been taken out by the Eighth Defendant who is a practicing advocate is a total abuse of the process of the Court. The Eighth Defendant seeks an order to the effect that the Plaintiff should not be permitted to rely upon the following documents viz. (i) CBI Investigation report including the statements of witnesses and documents in possession of CBI and (ii) Criminal proceedings against various Defendants. On 29th October, 1990 when a Chamber Summons taken out by the Eighth Defendant came up before the Learned Single Judge, it was stated on behalf of the Plaintiff that the CBI investigation report is not in possession of the Plaintiff and that save and except for the same, inspection of all documents relied upon had been given. The Chamber Summons was disposed of. Again on 19th November, 2007 a Chamber Summons taken out by the Eighth Defendant was permitted to be withdrawn on the ground that the Eighth Defendant proposed to take out appropriate proceedings before the competent forum. Counsel appearing for the Plaintiff has stated that should the Plaintiff be advised to rely upon any of the aforesaid documents, the Plaintiff would apply before the appropriate forum for obtaining certified copies and in that event inspection of the certified copies would be furnished in accordance with law. The Notice of Motion appears to be only an effort to delay further proceedings in the trial of the suit, which is of the year 1988. There is no merit in the Motion which shall accordingly stand dismissed with costs quantified at Rs.3,000/-.