1. Challenge in both these Writ Petitions filed by rival parties against each other is to orders dated 30.09.2010 passed by the 4th Joint Civil Judge, Senior Division, Nagpur in Civil Suit No.70/2009. The said suit is filed by the petitioner in Writ Petition No. 5364/2010 as Summary Suit for recovery of amount of Rs. 38,89,674.14 along with interest @ 18% jointly and severally against the defendants therein. The dues claimed are on account of Magnetite Powder supplied by the plaintiff to defendant no.1 Company on the strength of purchase orders placed by the defendant no.1 Company with the plaintiff. The defendant no.2 is the General Manager in purchase department of defendant no.1 Company. By the impugned order passed below Exh.16 the trial Court has granted leave to defend under Subrule [5] of Rule 3 of Order 37 of Code of Civil Procedure Code, subject to defendants depositing a sum of Rs.34, 24,895/ in Court or then furnishing a bank guarantee for that sum within a period of one month. The plaintiff claims in Writ Petition that such a relief could not have been granted and a decree for amount claimed with interest ought to have been awarded. Defendant no.1 has filed Wr