mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4500 of 2008 The Managing DIrector, Tamil Nadu Co-op.Milk Producers Federations Ltd. and Anr. .. Petitioners versus M/s.Goma Engineering Pvt.Ltd. .. Respondent ... Mr.Sandesh D. Patil for the petitioners. CORAM : A.M.KHANWILKAR, J DATED : 26th August 2008 P.C.: 1. According to the petitioner, the grievance of the petitioner was that items referred to in paragraph no.7.6.1 of the written statement were malfunctioning or dysfunctioning which was the defence taken by the defendants. That defence could be decided only upon scientific investigation. It is not possible to accept this submission. In the first place, the petitioner will have to establish his case in that behalf and it is only if the court was of the opinion that the enquiry on those aspects can be conducted only with the aid of scientific investigation would be free to appoint commissioner for scientific investigation in terms of Order 26 Rule 10A of C.P.C. For the time being, the court has declined to exercise that discretion. 2. No interference with that order is warranted in exercise of writ jurisdiction under Article 227 of the Constitution of India. However, it is made clear that as and when occasion arises and if the trial court itself is of the opinion that such scientific investigation is essential may take recourse to provisions of Order 26 Rule 10A, if so advised. 3. Petition is disposed of in the above terms. (A.M.KHANWILKAR, J)