1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.278 of 2010 . in Admiralty Suit No.2 of 2006 Elecon Engineering Company Ltd. .. Plaintiff s v/s. “Rickmers Dubai” & Ors. ..Defendants Mr.Rahul Narichania i/b. Motiwala & Co. for the Plaintiffs. Mr.A. Singh for the Defendant Nos.3 and 4 Mr.Ajay Fernandes i/b. Kanga & Co. for the Defendant Nos.5 to 7 Mr.S.S.Dwivedi for the Defendant NO.9 CORAM : R.Y.GANOO, J. DATED : 25th March, 2010 P.C. : 1. This Chamber Summons is taken out by defendant nos.5 to 7. In the past they have filed affidavit of documents and certain number of documents are referred to in the said affidavit. Now these defendants want to change their stand and they want to say that some of the documents which are listed in this affidavit are not to be relied upon by them and therefore they now want to file one affidavit of documents by which they would like to place on record exact description of the documents on which 2 they wish to rely upon. 2. In my view, if at one stage the defendants have disclosed that they would like to rely upon certain documents, it would be little difficult to allow them to withdraw that statement. Whether those documents are relevant can be decided at the time of trial. The main question is on what documents the defendant would like to rely upon and whether the defendants can retract from the documents already filed need not be gone into. If defendants want to rely upon certain documents, defendants can certainly do so. If the plaintiffs know that certain documents are in the custody of the defendants and plaintiffs would like to have those documents produced before the Court in support of their case, the plaintiffs certainly will be allowed to apply for the same. With this clarification the Chamber Summons stand disposed of with no order as to costs. [R.Y.GANOO, J.]