1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.629 OF 2009 Chemox Exports Imports Pvt.Ltd. ..Petitioner. V/s. Mrs.Laura Furtado & Ors. ..Respondents. Mr.D.B.Singh i/b. Mr.N.P.Bhavsar for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2009. DATE : FEBRUARY 11, 2009. DATE : FEBRUARY 11, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioners. 2. The opinion recorded by the Trial Court in the impugned Judgment that CD is not a primary evidence is unexceptional. Realising this position, Counsel for the Petitioners submits that in that case if required the Petitioners be permitted to rely on the CD as secondary evidence. That request can be considered by the Trial Court on its own merit in accordance with the law and only if the Petitioners were to make out tangible grounds for taking the said evidence on record as secondary evidence. 3. Counsel for the Petitioners now points out 2 that the Petitioners have already moved application before the Trial Court for allowing them to produce the concerned camera and the said application is pending. Needless to observe that the said application will have to be decided on its own merit in accordance with the law, uninfluenced by any observations made in the impugned decision or for that matter, the present order allowing the Petitioners to withdraw this Petition with liberty, as prayed. 4. Accordingly, this Petition is allowed to be withdrawn with liberty, as prayed. All questions referred to above are left open to be decided by the Trial Court on its own merit. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)