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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979-WP NO.1482 OF 2022.odt

petitioners though admitted the fact about the receipt of the amounts,

according to their learned advocate, simultaneously issues regarding territorial

jurisdiction and limitations also arises. He submits that over and above, there

are documents to substantiate their stand that the respondent no.2 was in fact

participating in the petitioners’ business. Even the trial court in the order

under challenge has referred to and discussed this aspect.

6.

Learned advocate Mr. Chapalgaonkar, therefore, submits that in

the absence of any special and specific reasons, instead of a security in the

form of deposit of cash amount of Rs.22,00,000/- (Rupees Twenty Two Lakhs

only), the petitioners are ready to furnish a bank guarantee of a nationalized

bank which should serve the purpose.

7.

Considering all the aforementioned facts and circumstances, the

writ petition is partly allowed. The impugned order is modified to the effect

that instead of depositing of Rs.22,00,000/- (Rupees Twenty Two Lakhs Only)

in cash the petitioners shall furnish a bank guarantee of a nationalized bank

within a period of four weeks, which should be kept alive till termination of

the lis.

( MANGESH S. PATIL, J.)

Tandale/-

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