Jalandhar S/O. Dharmaji Gaikwad Prop. M/S. Uma Traders And Another v. M/S. Rajlaxmi Steel Traders Thr, Mr. Vinay S/O. Shivratan Dalmia

1/2 10.wp.4500.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4500 OF 2025 (Jalandhar Dharmaji Gaikwad & Anr. V/s M/s Rajlaxmi Steel Traders, Nagpur) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. M. Pande, Advocate for Petitioners.

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CORAM

: PRAFULLA S. KHUBALKAR, J.

DATE : AUGUST 13, 2025.

1.

Heard Mr. Pande, learned Counsel for the Petitioners. 2.

The learned Counsel for Petitioners seeks leave to amend to correct the prayer clause - (i) of the Petition. Leave is granted. Necessary amendment be carried out within a week from today.

3.

Petitioners' challenge is to the order dated 17/7/2025 passed by the trial court, granting conditional leave to defend the suit, subject to depositing amount of Rs.3,00,000/- in the Summary Civil Suit No. 771/2024.

4.

The learned Counsel for Petitioners submits that the Petitioners, who are Defendants, had made out a case seeking unconditional leave to defend the suit and even the trial court had observed in concluding paragraph of the reasoning that Defendants are entitled for unconditional leave to defend,

2/2 10.wp.4500.2025.odt however, in operative part of the order, Court had imposed condition of depositing amount of Rs. 3,00,000/-. 5.

In view of this, issue notice for final disposal to the Respondent, returnable after four weeks.

6.

In the meantime, there shall be ad-interim stay in terms of prayer clause - (ii) of the Petition, which reads thus : "(ii) grant ad interim stay to effect and operation of order dated 17/7/2025 at Annexure-D, passed by 5th Joint Civil Judge Senior Division, Nagpur in Summary Civil Suit No. 771/2024."

(PRAFULLA S. KHUBALKAR, J.) vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 13/08/2025 18:05:48