JUDGMENT :

CM (M) 344/2021, CM APPLN. 15168/2021 (by the petitioner u/S 151 CPC for interim directions/stay)

1. This petition has been filed under Article 227 of the Constitution of India by the defendant before the learned Trial Court. He is aggrieved by the order of the learned Trial Court granting conditional ‘leave to defend’ the suit filed by the respondent under Order XXXVII of the Code of Civil Procedure, 1908 (“CPC”, for short) and placing a condition of a deposit of Rs.10,00,000/- in the form of an FDR as security before the learned Trial Court.

2. The petitioner/defendant and respondent/plaintiff have business dealings as the petitioner/defendant used to purchase raw materials/chemicals used in the manufacturing of toys in his factory from the respondent/plaintiff. The suit was filed under Order XXXVII when two cheques issued by the petitioner for Rs.6,34,000/- and Rs.1,35,000/- were dishonoured. According to the respondent/plaintiff, these cheques were issued towards an outstanding sum of Rs.10,09,502/- payable by the petitioner/defendant towards raw materials purchased by him on credit. The suit is for the said sum of Rs.10,09,502/-.

3. In the impugned order, the learned Tr