IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1703 OF 2007 IN SUIT NO.3412 OF 1995 Shri Jugal Kishore P. Bhargava and Anr. .. Plaintiffs Versus Mahesh Associates & Ors. .. Defendants Mr.R.M.Vasudeo for the plaintiffs. Ms.Suchitra Patra a/w Mr.S.J.Khera for defendant nos.1 to 3. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 19th November 2008. : 19th November 2008. : 19th November 2008. P.C.: . Heard the learned counsel appearing for the defendant nos.1 to 3 in support of the chamber summons. I have also heard the learned counsel appearing for the plaintiffs. 2. Prayers (a) and (b) are substantive prayers in the chamber summons which read thus: "(a) That the plaintiffs be ordered and directed to furnish the copy of the plaint and the writ of summons upon the defendant nos.1 to 3. 2 (b) That the plaintiffs be ordered and directed to give to the defendants the inspection of the documents/books of accounts and furnish xerox copies thereof as mentioned in the Schedule annexed to the chamber summons and further and better particulars on the matter mentioned in the Schedule within such time as this Hon’ble Court may fix. On failure to give inspection of the documents, the plaint be dismissed automatically for want of prosecution." As far as prayer clause (a) is concerned, in view of the practice note issued in terms of the decision of the Full Court, it is not necessary to serve writ of summons to the 1st to 3rd defendants as the said defendants have already filed vakalatnama of their advocate. The said defendants are already possessing a copy of the plaint. 3. In so far as prayer clause (b) is concerned, the learned counsel appearing for the plaintiffs has stated that the advocate for the plaintiffs by writing a letter has already offered inspection of all the documents in custody of the plaintiffs which are referred to and relied upon in the plaint. The learned counsel appearing for the plaintiffs states that the plaintiffs 3 are ready and willing to give inspection of the said documents. 4. The defendants cannot seek inspection at this stage of any document which is not referred to and relied upon in the plaint. Hence, prayer clause (b) cannot be granted. 5. Chamber summons is disposed of by passing following order: (i) Prayer clause (a) is rejected. (ii) The statement made by the learned counsel appearing for the plaintiffs which is recorded earlier is accepted. (iii) In view of the statement, prayer clause (b) is rejected. (iv) Time of eight weeks is granted to 1st to 3rd defendants to file written statement from the date on which inspection of the documents is given by the plaintiffs. (v) There will be no order as to costs. 4 (A.S.Oka,J)