ORDER :

1. Leave granted. This appeal is directed against the judgment and order dated 12th June, 2006 passed by the Bombay High Court in Appeal No. 922 of 2005 in Summons for Judgment No. 717 of 1999 in Summary Suit No. 475 of 1999 affirming the judgment of the learned Single Judge, granting conditional leave to the appellant to contest the suit filed by the respondent upon depositing Rs. 3.1 crores as pre-condition for defending the suit.

2. We have heard Mr. R.F. Nariman, learned senior counsel, appearing in support of the appeal and from the materials, it appears that there are several triable issues to be considered in the suit, which has been filed under Order 37 CPC. He has relied on the decision of this Court in the case of Mechelec Engineers & Manufacturers v. Basic Equipment Corporation reported in, 1977 (1) SCR 1060, wherein a Bench of three Judges had laid down certain propositions with regard to the grant of leave in respect of summary trials. The present case appears to be covered by proposition (b) of the said propositions.

3. On behalf of the respondent(s) it has been submitted that since leave had been obtained by the respondent herein for filing the suit under Clau