-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 233 OF 2008 IN NOTICE OF MOTION NO. 4766 OF 2007 IN SUIT NO. 2121 OF 1988 ALONG WITH APPEAL NO. 234 OF 2008 IN NOTICE OF MOTION NO. 4775 OF 2007 IN SUIT NO. 2020 OF 1998 Virendra Mohan Bhardwaj ).. Appellant Versus Union Bank of India ).. Respondent Appellant present in person. Mr. Manish Doshi i/b. Vimadalal & Co. for the Respondent. CORAM: SWATANTER KUMAR, C.J. & V.M . KANADE, J. DATE: 6TH JUNE 2008. P.C. We have heard the Appellant, who is appearing in person, and the learned Counsel appearing for the Respondent. The present Appeals are directed against the Orders passed by the learned Single -2- Judge dated 27th February 2008 passed in the Notices of Motion taken out by Defendant No.8 in the Suit-Appellant herein, praying that the Plaintiff in the Suit and the Respondent herein should be permitted to rely upon the documents. The documents relate to CBI investigation reports and criminal proceedings against the Appellant. 2. We have perused the Orders under Appeals and we see no reason to interfere with the Orders passed by the learned Single Judge. The learned Judge has specifically noticed that the application is primarily intended to delay the suit proceedings and we have no reason not to accept the said view of the learned Single Judge. 3. Be that as it may, nothing controversial survives as, according to the Appellant, he had served a notice under Order 11 Rule 16 of the Civil Procedure Code and had, therefore, taken out a Motion for production and inspection of documents as contemplated under Order 11 Rule 15 of the Civil Procedure Code. All the benefit the Appellant is entitled to is that wherever the documents are not produced for inspection, the non-Applicant has a right to file an affidavit and declare the facts in relation to such a prayer. According to the non- -3- Applicant, the documents are in power and possession of CBI or before the Court of competent jurisdiction and they are not possessed with any such documents. The learned Counsel appearing for the non- Applicant-Respondent herein states that they would file the affidavit as contemplated within two weeks from today. 4. In view of this, nothing survives in the present Appeals and the same are disposed of with the above observations. CHIEF JUSTICE V.M. KANADE, J.