IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE WRIT PETITION NO. 5848 OF 2008 WRIT PETITION NO. 5848 OF 2008 WRIT PETITION NO. 5848 OF 2008 Larsen & Toubro Limited ..Petitioners Vs. Amol Patil Construction Company & Anr...Respondents Mr. Atul Rajadhyaksha with Shri Kedar J. Wagle for petitioners Mr. S.M. Mirajkar, for Respondent No.1. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 8TH SEPTEMBER,2008 DATED : 8TH SEPTEMBER,2008 DATED : 8TH SEPTEMBER,2008 P.C. P.C. P.C. . Heard learned Senior Counsel appearing for the Petitioner and the learned Counsel for Respondent No.1 (contesting Respondent). . It appears that during the pendency of the dispute before the Co-operative Court, Respondent No.1 sought certain documents from the present petitioner and also issued a witness summons to the Vice President of Larsen & Toubro, (L. & T.) so as to enable respondent No.1 to examine him as their witness. . The petitioner has invoked the Writ jurisdiction of this Court under Article 227 of the Constitution to seek directions against the Co-operative Court contending that the petitioner has nothing to do with the dispute between Respondent Nos.1 and 2, and, consequently, the summons could -2- not have been issued as such it is liable to be quashed and set aside. 2. Learned Counsel appearing for the Respondent No.1 submits that Respondent No.1 wants to get certain documents produced from the present petitioner to establish his case before the Co-operative Court. 3. In reply, learned Senior Counsel appearing for the petitioner submits that the respondent was a sub-contractor engaged by their Contractor to whom work was given by L. & T. somewhere in the year 2001. After completion of the project, the documents were not preserved. In this view of the matter the learned Senior Counsel on behalf of the petitioner, after taking instructions through Advocate on record submits that L. & T. will file an affidavit to that effect before the Co-operative Court. In the event such an affidavit being filed, the learned Counsel for the Respondent No.1 submits that it would not be necessary for Respondent No.1 to examine the Vice President of L. & T. The statement made in this behalf is taken on record and the subject witness summons is quashed and set aside by consent of parties, subject to the filing of an affidavit as stated herein before the Co-operative Court within two weeks from the date of receipt of the copy of this order. Order accordingly. Petition stands disposed of with no order as to costs. (V.C. DAGA, J.) (V.C. DAGA, J.) (V.C. DAGA, J.)