SHARDA MECHANICAL ENGINEERING Vs. VARRSANA ISPAT LTD

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioners original defendants in Special (Summary) Suit No. 73 of 2012 (hereinafter referred to as 'the said suit'), filed by the respondent herein original plaintiff under O. 37 of the Code of Civil Procedure, 1908 (for short 'the CPC'), assailing the order dated 19/06/2013, passed by the learned Additional Senior Civil Judge, Anjar Kachchh, below application exh. 16 in the said suit, by which, the petitioners herein original defendants had prayed for to grant unconditional leave to defend the said suit. By the order impugned herein dated 19/06/2013, the learned trial Judge conditionally allowed the said application and permitted the petitioners to defend the said suit on the condition to deposit a sum of Rs.2,88,62,838/with the Court within 30 days from the date of the order.

(2.) THE respondent plaintiff appeared on caveat and Mr. Gaurav S. Mathur, learned advocate, has filed his appearance on behalf of the respondent.

(3.) HEARD , Mr. C. J. Vin, learned advocate for the petitioners original defendants and Mr. Mihir Joshi, learned senior advocate, assisted by Mr. Gaurav Mathur, learned advocate for the respondent original plaintiff.