1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1118 OF 2009 IN SUIT NO. 432 OF 1994 Central Bank of India ...Plaintiff vs. F.F. Minbatiwalla Enginering and Mfg.Co.Pvt.Ltd. & Ors. ...Defendants Mr.T.N. Tripathi for the Plaintiff. Mr.Shilpan Gaonkar i/b. M/s.Udwadia & Udeshi for the Defendants. CORAM : V.M. KANADE, J. DATED : JULY 20, 2009 P.C. :- 1 Heard Counsel for the plaintiff and Counsel for the Defendants. 2 This motion is taken out by the plaintiff for leading secondary evidence in respect of seven documents. 2 3 It is submitted that the original documents are not traceable and are lost though these documents were available at the time of filing the plaint. It is submitted that xerox copies of the original documents were obtained by him and the certified true copies of the originals, therefore, may be permitted to be produced by the plaintiff as a secondary evidence. 4 Counsel for the defendants, vehemently, opposed this request. He submitted that the defendants have not admitted these documents as falsely stated in the affidavit in reply. It is submitted that the plaintiff is clearly trying to protract the proceedings and though sufficient opportunities were given to him, he failed to produce the original documents. 5 Since it is alleged by the plaintiff that the original documents are lost and could not be found instead of best efforts taken by him and he is 3 willing to produce the certified copies of the original documents, the plaintiff may be permitted to lead secondary evidence in respect of the said documents subject to the defendants to cross-examine the plaintiff s witness in respect of the claim of the plaintiff that the documents are lost and in respect of the genuineness and authenticity of the certified copy. 6 Motion is disposed of in the aforesaid terms. (V.M. KANADE, J.) 4