IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPEAL FROM ORDER NO. 845 OF 2007 APPEAL FROM ORDER NO. 845 OF 2007 APPEAL FROM ORDER NO. 845 OF 2007 WITH CIVIL APPLICATION NO. 1170 OF 2007 IN NOTICE OF MOTION NO. 591 OF 2006 IN SHORT CAUSE SUIT NO. 5387 OF 1999 New Navrang Co-op. Housing Society Ltd. .. Appellant (Org. Defendant) Vs. Subhash Amolakchand Gandhi. ..Respondent (Org.Plaintif) Mr.Mehul Shah, Advocate, for Shri H.A.Jariwala,Advocate, for the appellant. Mr.P.P.Chavan, Advocate, for D.T.Chafe,Advocate,for the respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 29th January, 2008. DATE : 29th January, 2008. DATE : 29th January, 2008. P.C. P.C. P.C. 1. Defence of the defendant/appellant was struck off by the trial Court due to his failure to give inspection of documents. Learned Counsel for appellant points out that the appellant has given a notice dated 28.1.2008 to the learned Counsel for the plaintiff-respndent to the effect the original documents are not available with him as they are misplaced. Admittedly, he has supplied xerox copies of the documents shown at Sr.Nos.A, B, C & D in the said notice to the plaintiff-respondent. The learned Counsel makes a statement that the appellant will also supply copy of the document at Sr.No.E after obtaining certified copy from the Sub-Registrar. 2. After some discussion at th Bar with consent of the learned Counsel for the partries, the Appeal is disposed of and the impugned order is hereby set aside. The defendant will have to make out a case before the trial Court for leading secondary evidence in respect of these documents. 3. As the Appeal itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)