JUDGMENT :

1. This Petition under Article 227 of the Constitution of India, takes exception to order dated 7th January, 2022 by which the Learned Judge, City Civil Court, Borivali, Division Dindoshi declined to return the plaint to the Plaintiffs for its presentation in the Court in which suit should have been instituted.

2. Briefly stated facts of the case are that, the Respondent no.1-Plaintiffs, pursuant to purchase order placed by the Petitioners-Defendants, sold and supplied the raw material vide Invoice bearing Nos. 002076 and 003598 dated 24th May, 2014 and 3rd July, 2014 for Rs.31,44,799/-and for Rs.7,53,399/-respectively. The goods sold and supplied by the Plaintiffs were duly received by the Petitioners-Defendants and they had not raised any dispute for whatsoever nature regarding quality and quantity of the goods sold and supplied to them. Whereafter, the Defendants drew nine cheques in favour of Plaintiffs, in all for Rs.29,00,685/-. These cheques returned unpaid with remarks "Funds insufficient". Even after a demand notice, Defendants failed and neglected to pay the aforesaid sum or part thereof. The said nine cheques were issued and delivered by the Defendants to the