1. Rule. Shri Keyur Gandhi, learned advocate with M/s. Nanavati Associates waives service of notice of rule on behalf of the respondent. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

2. By way of this petition under Article 227 of the Constitution of India, the petitioners original defendants No. 1 and 2 have prayed for an appropriate writ, direction and / or order quashing and setting aside the impugned order dated 29.9.2008 passed by the learned Second Additional Senior Civil Judge, Surat passed below Exh. 5 in Special Civil Suit No. 256 of 2003, by which the learned trial Court has directed the petitioners original defendants to furnish security of Rs. 17 lacs in the form of Bank Guarantee under Order 38 Rule 5 of the Code of Civil Procedure, 1908.

3. Respondent-plaintiff had instituted the Special Civil Suit No. 256 of 2003 in the Court of learned Civil Judge (S.D.), Surat to recover Rs. 16,22,059.95. It appears that an agreement was entered into between the petitioners-defendants and respondent-plaintiff to supply Steel materials. It is the case on behalf of the petitioners that as per the agre