( 1 ) RULE. Rule is made returnable forthwith by consent of parties.

( 2 ) PETITIONER had challenged the order passed below Exhibit 14 in Special civil Suit No. 20 of 2003. The order impugned has been delivered relying on reported judgment of this Court in Indium India Telecom Ltd. vs. Motorola Inc. , 2004 (1) Mh. L. J. 532.

( 3 ) HEARD parties at length. Perused certified record of case and the copy of roznama which is tendered at the time of hearing of which xerox copy is retained on record.

( 4 ) IT reveals that summons for settlement of issues was served on the defendant present petitioner and defendant appeared; on 21st August, 2003.

( 5 ) UPON appearance, the defendant Nos. 1 and 2 filed an application for grant of time to file written statement which was granted and the case was posted on 8th October, 2003. Time so granted was again extended up to 12th November, 2003, when the defendants filed application (Exh. 12) praying for dismissal of suit in view of the provisions contained in section 57 of the Agricultural Produce market Committee Regulation, 1963.

( 6 ) THE case was adjourned for filing say to application raising preliminary objection. However, the matter was