1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3973 OF 2009 ICI India Limited ..Applicant versus The State of Maharashtra & Ors. ..Respondents Mr. Mayur Bhojwani i/b. M. K. Ambalal & Co. for Applicant. Ms. M. H. Mhatre – APP for State. Mr. M. S. Karnik for Respondent Nos. 2 and 3. CORAM : S. A. BOBDE, J. DATED : 10TH SEPTEMBER, 2009. P.C. : 1. Rule, returnable forthwith. By consent taken up for final hearing. 2. The applicant has challenged the Order of the trial court directing the applicant to submit documents bearing stamp and signature of BSR and Associates and no one else. The learned counsel for the applicant submits that this Court had by the Order dated 21st April, 2009 only directed the applicant to submit extract of the relevant ledger bearing the signature and stamp of “the auditor” and had not specified any particular auditor. The learned counsel submits that the documents have been submitted 2 accordingly with the stamp of an Auditor. 3. There is substance in the contention on behalf of the applicant that this Court had not directed the applicant to submit the documents along with the stamp and signature of a particular auditor such as BSR and Associates. It is difficult to ascertain the basis on which the court has come to the conclusion that BSR and Associates are the only auditors of the company. It would have been a much better course for the court to permit evidence to be led and permit the respondents to cross-examine the applicant on this very question instead of prematurely deciding that the documents must be submitted only with the stamp and signature of BSR and Associates. Accordingly, the impugned order is set aside and the question whether the applicant has submitted the documents contemplated by the Order of this Court dated 21st April, 2009 along with the stamp and signature of the auditor is left open for determination, after evidence. Order accordingly. 4. Rule is discharged. (S. A. BOBDE, J.)