1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4879 OF 2010 M/s Kalpana Enterprises .. PETITIONER VERSUS The Central Bank of India & another .. RESPONDENTS Mr. V.B. Patil, advocate for the petitioner. Mr. K.B. Deshpande, advocate for respondent no. 1. CORAM : R.M. BORDE, J. DATE : 27 th AUGUST, 2010. PER COURT : 1 Xerox copies of certain documents were sought to be produced on record when recording of evidence of plaintiff was in progress. Trial court refused permission to place on record xerox copies of the documents and rejected the prayer made in that regard by the defendant. 2 Admittedly, the copies which are being placed on record are the xerox copies and those are being produced after settlement of issues. In all probabilities, the documentary evidence which is sought to be produced by 2 the defendant is in the nature of secondary evidence and for production of secondary evidence, procedure in regard to production of documents as secondary evidence as laid down in the Evidence Act is required to be followed. Trial court was justified in turning down the request made by the defendant. Defendant may have to follow the procedure prescribed under law and accordingly he may take appropriate steps. In exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India, no interference is called for in the instant petition. Petition therefore stands rejected. 3 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE ) JUDGE dyb/wp4879.10.odt