1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.508 OF 2008 IN SUMMARY SUIT NO.4491 OF 1996 Renuka Mohan Dhir .. Plaintiff/ Decree Holder Vs. Unicorn Fontasies & Anr. .. Defendants/ Judgment Debtors And Court Receiver, High Court, Bombay .. Respondent And M/s.Citilink .. Assignee And Bombay Surgical Works .. Applicant/ Landlord Mr.T.K.Cooper with Mr.S.J.Khere for the plaintiff/Assignee Mr.H.S.S.Murthy for the applicant CORAM : SMT.R.S.DALVI, J CORAM : SMT.R.S.DALVI, J CORAM : SMT.R.S.DALVI, J DATED : 27TH JUNE, 2008 DATED : 27TH JUNE, 2008 DATED : 27TH JUNE, 2008 P.C.: 1. This Chamber Summons is taken out by applicant who is the assignee of the decree 2 obtained by the plaintiff in this suit. In another Chamber Summons being Chamber Summons No.2067 of 2007, the title-holders of the property used in execution of the decree have applied for claiming the licence fees paid by several occupants of the premises licensed by them. 2. In this application, the assignees of the decree have asked for inspection of the documents and books of accounts of the applicant and further and better particulars of certain matters in the schedules mentioned in the Chamber Summons. 3. The applicants must be required to show their documents of title. They claim to be the tenants of the B.M.C. They state that the tenancy document has been executed in 1960s and is not available with them. They have produced the assessment bills and receipts issued by the B.M.C. These are for Arches Nos.25 to 28, below Mahalaxmi Bridge for which the Agreement to Licence is produced by the applicant/landlords. 3. The advocate for the applicant, Mr.Murthy 3 has produced a xerox copy of the agreement of licence dated 1.1.91 executed by the applicant with defendant no.2, the original of which is produced in the Small Causes Court at Bombay in the suit filed by the applicant against defendant no.2 and ors. The assignee has himself relied upon and annexed in its affidavit in reply to the Notice of Motion various further similar agreements of licence between the same parties. Consequently, a part of the prayer in this Chamber Summons is complied with regard to inspection of the documents. 4. The other relief in the Chamber Summons is for further and better particulars of the matters mentioned in the schedules to the Chamber Summons. This Chamber Summons is under the provisions of the erstwhile Order 6 Rule 5 of the Civil Procedure Code. That provision has been omitted/deleted in the amended C.P.C. Consequently, no further and better particulars can be given. 5. Chamber Summons disposed of accordingly. 4 ( SMT.R.S. DALVI, J ) ( SMT.R.S. DALVI, J ) ( SMT.R.S. DALVI, J )