:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1838 OF 2007 SUMMONS NO. 1838 OF 2007 SUMMONS NO. 1838 OF 2007 IN IN IN SUIT SUIT SUIT NO. 3982 OF NO. 3982 OF NO. 3982 OF 1998 1998 1998 New India Transport Co. (Bom.). ... Plaintiff. V/s. Rawatmal Rishabhdev & Ors. ... Defendants. None for the Plaintiff. Ms. L.R. Temkar, Sapana Rachure i/b. T.N. Tripathi & Co. for Defendants 1 to 6. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . Heard learned Counsel appearing for parties. 2. The Application is to permit the Plaintiff to lead secondary evidence. The Plaintiff has set out on affidavit that due compliance is made with Sections 63 and 65 of the Evidence Act, 1872. All originals were available with the Plaintiff but presently, some Criminal Proceedings are going on and the originals are filed therein. As long as the originals are not allowed to be taken away from the said Court, certified true copies of the documents which are filed in the said Criminal Court and relied upon for the purpose of the claim in the present suit be permitted to be produced, is the request. :2: 3. There is no opposition to this request save and except stating that it will always be open to summon the original records from the Criminal Court for the purposes of this Suit. 4. That is always permissible but presently, if the Plaintiff desires to comply with the orders and directions of this Court with regard to filing of affidavit of evidence and documents, the same can be done by filing Certified/True copies of the documents on the condition that whenever the Court directs, the originals can be called for from the said Court and parties will co-operate in that behalf. The Chamber Summons is made absolute in terms of prayer clause (a), subject to above. No costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)