Writ petition challenging the trial Court's grant of leave to defend in a summary suit under Order 37 CPC subject to deposit was dismissed. Time for deposit was extended.
Writ petition dismissed; time for deposit of Rs. 2 lacs extended by two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7464 OF 2007
Sabero Organics Gujarat Ltd. ..... ...... ......Petitioner V/s Hegde Packaging Pvt. Ltd. ..... ...... .....Respondent.
Mr.Atul G. Damle, Adv. For the petitioner. Mr.Avinash B. Avhad, Adv. For the respondent.
CORAM: A.P.DESHPANDE, J. 24/10/07
PC:
The respondent-plaintiff instituted a suit for recovery of sum of Rs.5 lacs against the petitioner under Order 37 of the Code of Civil Procedure. The trial Court though granted leave to defend the suit, it is subject to deposit of sum of Rs. 2 lacs. The trial Court has considered the merit of the suit so also the defense as issue involved relates to reciprocal promises by the parties. Perused the order. Same does not suffer from any patent illegality warranting interference in exercise of writ jurisdiction. Hence writ petition is summarily dismissed. Time granted by the trial Court for deposit of the amount stands extended for two weeks from today.
24.10.07
1 issue framed by the court
Whether the High Court's writ jurisdiction called for interference in order 37 summary suit where leave to defend was granted subject to deposit.
1 provisions across 1 enactments
Sabero Organics Gujarat Ltd.
Hegde Packaging Pvt. Ltd.
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
