abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 234 OF 2008 IN NOTICE OF MOTION NO. 3717 OF 2007 IN SUIT NO. 2746 OF 2007 Sanjay J. Shah .. Plaintiff V/s Vimesh Devidas Shah & Ors. .. Defendants Mr.R.K. Bhasin for the defendant no.1, in support. Mr.N. Engineer i/b Mr.Ashok Purohit for the defendant no.2. Mr.S.S. Saleel for the defendant no.3. CORAM : D.G. KARNIK, J. DATE : 16TH APRIL 2008 P.C. P.C. P.C. : 1. By this chamber summons, the defendant no.1 seeks an order directing the defendant no.2 to give inspection of the original documents referred to and relied upon by him in his affidavit dated 18th December 2007 and further direction for giving photocopies - 2 - thereof to the defendant no.1. 2. By two notices dated 20th December 2007 and 15th January 2008 the defendant no.1 called upon the defendant no.2 through his advocate to give inspection of documents referred to in the affidavit in reply. In the affidavit in support of the motion, the plaintiff has stated that despite the said notices no inspection has been given. 3. Learned counsel for the defendant no.1, however, submits that the inspection of documents has already been given. This submission is not supported by any material on record to show that the inspection has been given. No affidavit in reply has been filed traversing the averment of the defendant no.1 that inspection is not given. In the circumstances, in my view, an order of inspection needs to be passed. 4. As regards the prayer of the defendant no.1 for furnishing photocopies of the original documents, no provision was brought to my notice which requires the defendant no.2 to furnish photocopies to the defendant no.1. The defendant no.1 may at the time of inspection make his own notes. Hence, I pass the following order. 5. The defendant no.2 is directed to give - 3 - inspection of all the documents referred to and relied upon by him in affidavit in reply dated 18th December 2007. Such inspection shall be given within 3 weeks hereof. The defendant no.1 shall intimate to the defendant no.2 the date and time of the inspection by registered speed post or by hand delivery. At the time of inspection, the defendant no.1 is permitted to make his own notes. (D.G. KARNIK, J.)