( 1 ) NEW India Assurance Company Limited, the petitioner, original defendant has filed petition under Article 227 of the Constitution of India praying for issuance of writ of certiorari for challenging the judgment and order dated 22nd September 2006 passed by the Chamber Judge, City Civil Court, Ahmedabad in Summary Suit No. 2812 of 2004 below Summons for Judgment Exhibit 12. The learned trial Judge by his impugned order held that leave to defend be granted to the defendants in summary suits No. 2812 of 2004 and 2813 of 2004 on condition to deposit 50% of the said amount in both the suits within four weeks from today. On depositing the amount thus suits to be transferred to allow the long cause suit. BASIC FACTS OF CIVIL SUIT NO. 2812 OF 2004:

1 ). The State Trading Corporation of India Ltd. (Government of India undertaking, plaintiff No. 1 and Adani Exports Ltd. , plaintiff No. 2 (hereinafter referred to as the plaintiffs) had filed a suit under Order 37 of Code of Civil Procedure (for short C. P. C.) for 32,365/- interest on the same from date of the suit over the same. All these amounts have been claimed for loss of goods at Porbandar, Kandla and Mundra Ports being principal a

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