1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.766 OF 2009 IN SUIT NO.3085 OF 1985 Hotel Empire Ltd. ....Plaintiff V/s. Juhu Beach Resorts Private Ltd. ....Defendant Mr.K.N. Bhulchandani i/b Mr.S.M. Kazi for the Plaintiff. Mr.Rajesh Shah with Ms.Samidha Vedpathak i/b Maneksha & Sethna for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATE : 24TH JULY, 2009. P.C. :- 1. By this Notice of Motion, the Plaintiff seeks a declaration that certain documents in its compilation of documents are deemed to have been admitted by the Defendants. In the alternative, the Plaintiff seeks a declaration that certain documents stipulated in prayer (b) are admitted or deemed to have been admitted by Defendant No.1. The Plaintiff has also sought an order permitting it to prove certain documents by leading secondary evidence. The documents in prayer (b-i) are admitted by Defendant No.1. However, this is subject to the proof of truth of the contents therein. 2. Similarly Defendant No.1 has admitted the existence of the documents at serial Nos.7, 13, 17, 19 and 23 of the compilation of documents 2 of the Plaintiff and which are referred to in prayer (b-ii). In respect of these documents also, the same will be marked in evidence subject to the proof of the truth of the contents. Needless to add that in respect of all these documents, all other rights and contentions of the parties including the right to cross-examine in respect thereof are kept open. 3. It is further clarified that the parties are always at liberty in respect of any documents to seek to lead secondary evidence before the learned Commissioner. The objections thereto, may be raised by other parties before the learned Commissioner, who will record the objections. The admissibility of such documents will be subject to the orders of the Court. 4. As far as the documents in terms of prayer (c) of the Notice of Motion are concerned, Mr.Shah states that he will produce the same, if the first Defendant is in possession thereof and subject to all the rights and contentions of the Defendants in regard thereto including the admissibility thereof. The said objections would, needless to add, be recorded by the Commissioner. It is not necessary to specify the nature of the objections at this stage. 5. The Notice of Motion is accordingly disposed of.