( 1 ) THE petitioner original defendant is before this Court being aggrieved by order dated 16-10-2006 passed by the learned Additional Senior Civil Judge, gandhidham below Exhibits 15 and 18 in special Civil Suit No. 19 of 2003. It is prayed that the said order be modified and the present petitioner defendant be permitted to defend the suit unconditionally and the condition of furnishing bank guarantee of Rs. 60 lakhs be quashed and set aside.

( 2 ) THE matter was argued by the learned senior counsel for the petitioner Mrs. Ketty a. Mehta, who did not point out that the order under challenge is passed after the matter was remanded by this Court. The learned advocate Mr. Soni for the respondent original plaintiff pointed out to this court that earlier the respondent herein had approached this Court by Special Civil Application No. 17851 of 2005 and by order dated 12-7-2006 (Coram : Hon ble Mr. Justice A. M. Kanadial, the matter was remanded. Learned Advocate Mr. Soni invited attention of the Court to the relevant observations made by this Court in order dated 12-7-2006. Operative part of the order reads as under :

"12. For the foregoing reasons, the petition is allowed with no orde

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