METRO CERAMICS PRIVATE LIMITED Vs. TALPOLE CHARTERING LIMITED

JUDGEMENT

(1.) THE petitioner, who happens to be the original defendant in Summary Suit No.23 of 2013 in the Court of Additional Senior Civil Judge, Rajkot has approached this Court by way of this petition filed under Article 226 and 227 of the Constitution of India with following prayers;

(2.) FACTS , in brief, as could be culled out from the memo of petition, deserve to be set out as under;

(3.) LEARNED counsel Shri Vyas submitted that the Court has made observations in paragraph nos.3.3, 3.4 and part of paragraph no.3.5 in the impugned order. The Court could not have been made these observations on merits in the application which was filed for seeking condonation of delay in filing leave to defend application.