IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4636 OF 2007 IN SUIT NO. 1837 OF 1980 Neo Construction Co. ... Plaintiff. V/s. Liyakat Mohamad Saheb Coorvale and another. ... Defendants. Mr.Dasgupta i/b. J.Narulal & Associates for the plaintiff. Ms.Anita Castelino i/b. S.M.Kazi for defendant No.1A D.N.Hungund for defendant No.1B. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 22nd January 2008. DATED: 22nd January 2008. DATED: 22nd January 2008. P.C.: P.C.: P.C.: . Heard rival parties so far as notice of motion is concerned, wherein the applicant is seeking leave to produce original documents and amend the plaint in view of the fact that partnership was dissolved and one J.N.Bhatka has become proprietor of the firm. It is, no doubt, true that part of the evidence has already been recorded and the dissolution of partnership was in the year 1996. There is no justification for taking out this notice of motion, practically, after lapse of more than 10 years. There is also no justification for producing documents, especially, when part of the evidence is already recorded. Therefore, learned counsel for the defendants are justified in criticising the delay caused in taking out notice of motion and, ultimately, delay which is going to be suffered by the suit. 2. The learned counsel appearing for the plaintiff brought to my notice the facts and circumstances which has resulted in delay. He has also pointed out that the documents are original and they are traced out in the circumstances mentioned in the affidavit. 3. I have examined the documents which are sought to be produced on record. Those documents are genuine documents being old one. The delay, which is going to be caused if the notice of motion is allowed, can be compensated in terms of money. 4. In the circumstances, taking overall view of the matter, notice of motion is made absolute in terms of prayer clauses (a), (b) and (d), subject to payment of costs to be paid to defendant No.1A and defendant No.1B in the sum of Rs.12,500/- each within one week from today. - 3 - Needless to mention that failure to pay costs shall result in automatic dismissal of notice of motion. In the event costs are paid, the plaintiff would be entitled to file documents and re-examine its Witness No.1- Jagdishbhai Narsimbhai Bhakta only to the extent documents are filed and to prove those documents. Plaintiff is expected to proceed with the evidence with expeditious despatch without causing any delay. 5. With the above observations, notice of motion stands disposed of with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)