JAI AGENCIES Vs. NIRMA CONSUMER CARE LTD

JUDGEMENT

(1.) RULE. Mr. M. B. Gandhi, learned Advocate waives service of Rule on behalf of the respondent- original plaintiff. With the consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioners " original defendants have prayed for an appropriate Writ, direction and/or order quashing and setting aside the order dated 28th March, 2008 passed by the learned Auxiliary Chamber Judge, Court No. 8, Ahmedabad below Leave to Defendant Application in Summary Civil Suit No. 85 of 2005 by which the learned trial Court has granted conditional leave to the petitioners " defendants to defend the Suit on their depositing Rs. 40,00,000/- (Rupees Forty lacs) on or before 30th September, 2008.

(3.) MR. K. V. SHELAT, learned Advocate appearing on behalf of the petitioners " original defendants has submitted that only reason given by the learned trial Court not granting unconditional leave to the petitioners " original defendants is that though the petitioners " original defendants were served with legal notice mark No. 4/171 and though the said notice was served upon the petitioners " original defendants, they have not replied to the said notice and did not raise any dispute by replying to the notice mark 4/171 and that the dispute has been raised for the first time in the leave to defend application. It is submitted that same is factually incorrect. It is submitted that as such reply to the notice mark 4/171 was infact produced on record and that too by the plaintiff himself vide mark 20/14 and therefore, it cannot be said that the dispute has been raised for the first time in the leave to defend application. It is further submitted by him that inspite of the fact that various contentions were raised in leave to defend application, same has not been dealt with by the learned trial Court while considering leave to defend application. Therefore, it is requested to allow the present Special Civil Application.