ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6663 OF 2008 PETITION NO.6663 OF 2008 PETITION NO.6663 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.P.S.Dani i/by M/s.Kiran Jain & Co. for the Petitioner. Mr.A.K.Shroff i/by J.Shekhar & Co. for Respondent No.1. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 17th October, 2008. : 17th October, 2008. : 17th October, 2008. P.C. P.C. P.C. . The Petitioner- Original Defendant No.1 has challenged the order of granting to file and lead secondary evidence of the original documents. The Respondent -Original plaintiff is a bank. The originals were misplaced. The Respondent Officers/ Officials unable to trace it out. Therefore, for the trial they moved this Application to treat the xerox copy of the said as a Secondary evidence of the said original documents. The learned Judge, ( 2 ) after considering this, has granted the application. 2. In view of this, I see there is no reason at this stage to interfere with the reasonings as well as order. However, all points are kept open as available with regard to these documents and also of compliance of Section 65 of the Evidence Act. 3. The Petition is, accordingly, disposed of. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]