NMS869-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.869 OF 2009 IN SUIT NO.516 OF 2009 K. Mani Naidu .. Plaintiff Versus Mahesh Vishandas Chandwani & Ors. .. Defendants Mr.Suresh Rajeshwar for plaintiff in support Mr.Jitendra Patil for defendant to show cause CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2010. P.C.: 1] This motion is taken out in the suit wherein principal relief that is claimed is a declaration with regard to an agreement for sale and cheques dated 11th September 2007. It is stated that this agreement is forged and fabricated and that it is not binding upon the plaintiff. 2] In such a suit the interim relief that is sought is to impound the documents. I do not see how any interim relief and much less of the NMS869-09 2 nature claimed can be granted when the Court is yet to adjudicate and decide as to whether the agreement is forged and fabricated. The court has enough powers to impound the documents if it is brought to its notice during the course of the proceedings that it is not genuine and further the court must examine them before the contents thereof are permitted to be relied upon. 3] In such circumstances, keeping open all contentions, this notice of motion is dismissed. (S.C.DHARMADHIKARI, J)