G.B. SHAH, J.

1. Being aggrieved by and dissatisfied with the order dated 30.4.2013 passed below Exh. 16 by the learned 16th Additional Sr.Civil Judge, Vadodara in Special Summary Suit No. 76 of 2012, the petitioner has filed this petition under Article 227 of the Constitution of India.

2. Heard the learned Advocates for the respective parties. Rule. Mr. Samir J Dave, learned Advocate waives service of Rule on behalf of the respondent. With the consent of the parties, this matter is heard for final disposal.

3. M/s. Kalapi Developers is the petitioner/original defendant and M/s. Pratham Reality Pvt. Ltd. is the respondent/original plaintiff. The respondent/original plaintiff has filed Special Summary Suit No. 76/2012 against the petitioner/original defendant under Order 37 of the Code of Civil Procedure, 1908 for the recovery of Rs.6,42,25,888/-alleging inter alia that taking advantage of the relationship established between the plaintiff and the defendant, the defendant had taken an amount of Rs.4,50,25,000/- from the plaintiff with a promise that he would repay the loan amount within six months and further five different cheques for different amount mentioned in the summa