ADITYA HOTELS Vs. BOMBAY SWADESHI STORES

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court dismissing the Writ Petition filed by the appellant holding that the order passed by the trial Court was discretionary one. The trial Court by its order dated 9.9.2005 granted permission to the respondents to file written statement subject to payment of costs of Rs. 2,000/-. The said order was passed in Civil Suit No. 59/2005 by the Small Cause Judge, Pune.

(3.) Background facts in a nutshell are as follows: