1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.604 OF 2010 IN SUIT NO.48 OF 1988 Rajani Ramesh Modi .. Plaintiff versus M/s.Rajesh Art Printers Pvt Ltd & Anr .. Defendants ALONGWITH CHAMBER SUMMONS NO.606 OF 2010 IN SUIT NO.49 OF 1988 The Official Assignee High Court, Bombay & Anr. .. Plaintiffs versus M/s.Rajesh Art Printers Pvt Ltd & Anr .. Defendants Mr.P.N.Patwardhan a/w Mr.K.H.Kanojia for the plaintiff. Mr.Darshan Mehta i/by Dhruve Liladhar & Co for defendant Nos.1 and 2. CORAM : R.S.MOHITE, J. DATE : 30th June 2010. P.C.: . These are the chamber summons taken out for discovery and production on oath of the documents which are in possession and power of defendant No.1. The learned advocate for defendant No.1 states that none of the original documents are in his possession or power. In the circumstances, liberty to both the parties to lay the foundation in the 2 course of evidence for leading secondary evidence. Since the case of defendant No.1 is that he does not have any original documents in his possession, the question of granting this chamber summons does not arise. Chamber Summons is, therefore, disposed of with the aforesaid liberty. 2. Liberty to file additional affidavit in lieu of examination in chief. The additional affidavit may be accepted by the Court Commissioner and the Court Commissioner to proceed with cross-examination. The Court Commissioner will exhibit the admitted documents and mark other documents which are objected to for identification. The objections will be decided at the time of considering the Court Commissioner’s report. (R.S.MOHITE, J)