1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1172/2008 WITH C.A.NO.1430/2008 Anil Raoji Shah & Anr. Appellants Vs. Vinodchand Ravji Shah & Anr. Respondents Shri.NitinJamdar advocate for the appellants Mr.P.S.Dani Advocate for the respondents Coram : S.J.Vazifdar,J. Date : 18th November,2008 P.C. 1] Admit. 2] The impugned order warrants only modification.It is difficult at this stage to say that the respondents have no right whatsoever in the business. However,the business has been carried out by the appellants. 3] The appellants have not been restrained from dealing with the items of which the inventory has been ordered. No such order has been sought on behalf of the respondents. It is, however,necessary to identify and value these items in the event of the Respondents being found to have an interest 2 therein at the final hearing of the suit. This would depend upon whether or not the plaintiffs have established any right in respect thereof. 4] Mr.Jamdar submitted that an order for inventory even in a sealed cover may affect the reputation of the appellants and their business.There is no need of any such apprehension on the part of the parties. There are no orders restraining the appellants from dealing with the items in the inventory .The inventory is made only for the purpose of assessing the rights of the respondents ,if any,that may be determined at the final hearing of the suit. 5] In the circumstances the impugned order is modified only to the limited extent as follows:- The Trial Court shall appoint a valuer .The said valuer shall make an inventory of the items in the lockers. The valuer shall also value the items and submit the valuation report to the Court. The photographs of the items shall also be taken and annexed to the valuation report. The inventory and valuation shall be carried out and the photographs shall be taken in presence of an officer of the Court to be appointed by the Trial Court. 3 The cost of the inventory shall be paid in the first instance by the respondents but shall be subject to final orders in the suit . The appellants and /or their representatives shall be entitled to remain present when the inventory and valuation is made and the photographs are taken .However,the respondents shall not be entitled to remain present. The report of the valuer shall be kept in a sealed cover with the Trial Court. The parties are at liberty to apply for the inspection thereof only at the trial of the suit and only in the event of the Trial Court holding that the respondents have any right in respect of the business.