1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 89 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Ashok R. Pande for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 13th January 2010. P.C.: . By this Writ Petition under Article 227 of the Constitution of India, the Petitioners who are the original Plaintiffs, have challenged the order dated 14th December, 2009 passed by the trial Court on the application made by the Petitioners. The application made by the Petitioners was for issuing witness summons to the Chief Officer of the 4th Respondent (4th Defendant) calling upon the said Respondent to produce several documents and the original files as set out in the said application. The said application has been rejected by the impugned order by the trial Court by holding that the Petitioners can always produce certified copies of the documents on which they are relying upon. 2 2. Learned counsel appearing for the Petitioners submitted that the Petitioners have obtained copies of certain documents under the Right to Information Act and the 4th Defendant has disputed the said documents. 3. The suit is at the stage of hearing of the Notice of Motion for interim relief. At this stage, only prima facie findings are required to be recorded by the trial Court. Apart from the fact that under the impugned order, the Petitioners have been permitted to file certified copies of the relevant documents, the Petitioners can always give notice to produce relevant documents to the 4th Respondent. If after giving notice to produce the relevant documents, the same are not produced by the 4th Respondent, it will be open for the trial Court to draw appropriate inference. As stated earlier, the Petitioners are already permitted to produce certified copies of the relevant documents. 4. Subject to what is observed above, no case for interference is made out in writ jurisdiction under Article 227 of the Constitution of India. The Petition is accordingly rejected. 3 5. The learned trial Judge will grant reasonable time to the Petitioners for taking appropriate steps inasmuch as liberty has been granted to the Petitioners to produce certified copies of the relevant documents. (A.S.OKA,J)