Alok Sharma, J.

Heard counsel for the petitioners-defendants (hereafter 'the defendants') and perused the impugned order dated 4.1.2018 whereby in a suit laid by the respondent-plaintiff (hereafter 'the plaintiff') under Order 37, Rule 1 & 2 CPC, 1908 for a sum of Rs. 13,36,354/- in the aggregate constituted of Rs. 9,37,000/- as principal amount and Rs. 3,99,354/- as interest thereon, the defendants on their application have been granted leave to defend on the condition of furnishing a bank guarantee of 50% of the aforesaid amount i.e. about Rs. 7,00,000/-. Aggrieved, the defendants are before this Court in this petition under Article 227 of the Constitution of India before this Court.

2. Mr. Alok Chaturvedi, counsel appearing for the defendants submitted that albeit leave to defend in terms of Order 37, Rule 3 (5) and (6) (b) of CPC 1908 can be granted conditionally yet the condition ought not to be harsh lest the defendants being incapable of complying therewith, the leave to defend granted is negated. Mr. Alok Chaturvedi further submitted that in passing the impugned order dated 4.1.2018, the trial court has also not taken into consideration the fact that on an applicati