JUDGMENT :

(J. C. Doshi, J.)

1. This common judgment governs the disposal of above captioned Special Civil Applications as both the Special Civil Applications arise from selfsame order passed below Exh.20 passed in Commercial Civil Suit No.3 of 2021, whereby the learned Principal Senior Civil Judge, Karjan partly allowed the application for leave to defend filed by the Posco Poggenamp Electrical Steel Pvt. Ltd. (in short “Posco”) and permitted to contest the civil suit on condition to deposit Rs.3 crore within a period of 8 weeks from the date of the order.

2. At the request of learned advocates for both the sides and in the facts and circumstances of the case, both the petitions are taken up for hearing.

3. The facts which is necessary to decide and dispose of both the petitions can be tersely narrated thus:-

3.1 TBEA Energy (India) Pvt. Ltd. (in short “TBEA”), the company registered under the Companies Act, 1958 engaged in the business of manufacturing transformer, lamination etc. It has commercial relationship with Posco. TBEA provides services to the Posco whenever Posco sells the steel to the TBEA. Posco provided services to the TBEA when TBEA sells steel to the Posco , the lat