JUDGMENT - GOKHALE H.L., J.:---Appeal Nos. 702 and 703 of 2003 seek to challenge the order of a Single Judge dated 8th August, 2003 rejecting two Notices of Motion bearing Nos. 2557 of 2002 and 2793 of 2002, which were taken out by the appellants herein in Suit No. 3092 of 2002, which the appellants have filed against the respondents. The two motions sought orders in the nature of attachment before judgment and injunction for obtaining security for a decree that might be passed in the appellants pending suit. Amongst others, the suit claims are (1) US $ 12,04,90,000 with further interest at the rate of 5% per annum on US $ 9,03,30,000 and (2) a sum of Rs. 3,77,21,54,857 with interest at the rate of 12% per annum on the principal amount of Rs. 48,11,00,000.

2. This motion taken out by respondent No. 1 herein seeks through prayer (a) to produce and rely upon the documents listed in the schedule annexed to the motion. Prayer (b) seeks that Mr. Ravi Parthasarthy, Managing Director of ILFS, who has verified the plaint and who has filed an affidavit on 4th August, 2003, be ordered to attend cross-examination. Mr. Kapadia and Mr. Dhond appearing for the appellants object to both these prayers being granted.

3. Now as can be seen from paragraph 33 of the order passed by the learned Single Judge, it was at the last moment at the close of the arguments before him that the respondents herein produced two letters before the learned Single Judge, which were enclosed as Exhibits 1 and 2 to an affidavit dated 25th July, 2003, and the learned Judge allowed them in the interest of justice. As seen from paragraph 33 of the impugned order, the two letters have gone in a great way to decide the matter in favour of the respondents.

4. When the present appeals were filed, the appellants took out two motions therein bearing Nos. 2591 of 2003 and 2592 of 2003. In the affidavit in support of these motions affirmed on 3rd September, 2003, the appellants enclosed a letter of IDBI dated 5th December, 1995, to which the Minutes of the Joint Meeting of Indian Institutional Investors held on 14th November 1995 were enclosed as Exhibit "A". At Exhibit "B" to this affidavit, were the Minutes of the 25th Meeting of the Board of Directors of Iridium India Telecom Limited held on 7th April 1999. According to the appellants, these two documents were necessary to be looked into partly as an answer to the documents which the respondents had produced before the learned Single Judge at the close of the arguments as recorded by the learned Single Judge.

5. Thereafter when these appeals reached for hearing before this Bench, the matter was argued on some 8 days and again it was at the fag end of the arguments that Mr. Desai, learned Senior Counsel appearing for the respondents, on the instructions of his clients, while tendering the written submissions for the convenience of the Court, tendered along therewith still some more documents which were not part of the record before the learned Single Judge. Mr. Kapadia, learned Senior Counsel appearing for the appellants, therefore, objected to the documents being taken on record. He also pointed out that no motion was taken out nor any affidavit filed to justify placing of these documents on record. Mr. Desai, therefore, made an oral application to take out a motion to seek permission to produce the concerned documents. That motion has been taken out on 25th November, 2003.

6. Since the matter was heard by this Bench for quite some time, at the request of the parties, this Bench was especially convened on 3rd and 4th December 2003 (though the assignments of both of us were otherwise different). When the motion was taken out for consideration, what we find is that still some more documents are sought to be placed on record through this motion and for which there is prayer (a) in the motion. An affidavit in reply has been filed objecting to these documents being taken on record and Mr. Kapadia has submitted that opportunity is bei

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