1. Rule. Rule made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr.Kamat, learned counsel for the Petitioner and Mr.Jain, learned counsel for the Respondent.

2. By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 6th September 2017 passed by the 9th Jt. Civil Judge Senior Division, Pune, below the application at Exhibit-21 in Special Summary Suit No. 153 of 2016.

3. The application at Exhibit-21 was filed by the present Petitioner, who is the Defendant before the trial Court for unconditional leave to defend the suit under Order-37 Rule-3 of Code of Civil Procedure (for short, “C.P.C.”). The trial Court has allowed the Petitioner to defend the suit but subject to the Petitioner depositing the claim amount or giving the bank guarantee of the claim amount within two months and file written statement.

4. While challenging this order of the trial Court, the submissions of learned counsel for the Petitioner are three fold. In the first place, it is submitted that, the suit filed on the basis of stand alone invoices cannot be maintainable in the summary form. Secondly, it