979-WP NO.1482 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.1482 OF 2022

GODAVARI INDUSTRIAL TRADERS THR. ITS PARTNERS VISHNUDAS

JAIKISHANJI RATHI AND ANOTHER

VERSUS

BRIJMOHAN MADANLAL BANGAD AND OTHERS

. . .

Advocate for Petitioner : Mr. S.G. Chapalgaonkar

Advocate for Respondent Nos.1 to 4 : Mr. Swapnil Rathi

. . .

CORAM : MANGESH S. PATIL, J.

DATED : 16 JUNE 2022

PER COURT :

1.

The petitioners are the defendants in the summary suit, aggrieved

by the order directing them to deposit an amount of Rs.22,00,000/- (Rupees

Twenty Two Lakhs Only) as a condition for granting leave to defend the suit.

2.

I have heard the learned advocates of both the sides extensively.

3.

At the end of arguments, the learned advocate for the petitioners

submits that there are no special reasons given by the trial court as to why a

cash has been directed to be deposited as a security in tune with the clause

6(b) of Rule 3 of Order XXXVII of the Code of Civil Procedure.

4.

Going by the nature of the dispute, the respondents/plaintiffs are

claiming to have paid various amounts to the petitioners by way of loan. The

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