JUDGMENT :

1. Rule. Learned advocate Mr. Tarak Damani waives service of notice of rule for and on behalf of the respondent.

2. By preferring present petition, the petitioner has challenged the common order dated 31st March 2017 passed by the learned City Civil Court, Ahmedabad No. 26 below applications Exh. 21 and 27 in Summary Suit No. 1916 of 2014 granting conditional leave to defend to the petitioner/original defendant on condition that petitioner shall deposit Rs. 36,23,853/- within six months before the Trial Court.

3. Brief facts of the present case may be summarized as under:

The respondent/plaintiff filed a suit on 12th August 2014 to recover an amount of Rs. 38,23,853/- with interest @ 18% p.a. from the defendant/petitioner before the City Civil Court at Ahmedabad. After filing of the suit on 12th August 2014 and before the service of the summons on the defendant on or about 25.02.20215, as per the averments made by the petitioner/defendant, petitioner made payment of Rs. 2 lakhs on 02.09.2014 through RTGS from Silvasa which according to the petitioner was full and final settlement. The petitioner raised several triable issues including issues of territorial jurisdiction, issu