1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 631 OF 2002 IN SUMMONS FOR JUDGMENT NO. 202 OF 2000 IN Summary Suit NO. 3121 OF 1995 The Liquidator of the Punjab Co-op. Cotton Marketing & Spinning Mills Federation Ltd.(SPINFED) .. Appellant. (Org.Defendant) V/s. M/s. U.B. Steels .. Respondent. (Org.Plaintiff) --- WITH APPEAL NO. 632 OF 2002 IN SUMMONS FOR JUDGMENT NO. 203 OF 2000 IN Summary Suit NO. 3081 OF 1995 The Liquidator of the Punjab Co-op. Cotton Marketing & Spinning Mills Federation Ltd. (SPINFED) .. Appellant. (Org.Defendant) V/s. M/s. U.B. Steels .. Respondent. (Org.Plaintiff) --- Mr. Vicky Singh i/by Akshar Laws for the Appellant. Ms. Vandana Santara i/by Kantilal Shah for the Respondents. --- 2 CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 20th APRIL, 2010 P.C.: 1. The parties to both these Appeals are common and, therefore, both the Appeals can be conveniently disposed off by a common order. 2. In both these Appeals the orders passed by the learned single Judge in summons for judgment, granting conditional leave to defend to the appellant, are challenged. By those orders, the appellant was directed to deposit the amount that was ordered as condition for granting leave to defend. As a result of the interim order passed in these appeals, the appellant has furnished bank guarantee of an amount of Rs.Three lakhs each in both the Appeals. The appellant is presently under a liquadation and it is a co-operative society. 3. We have heard the learned counsel for both 3 the sides. BY consent of the parties, the Appeals are disposed of on the following terms : i. Leave to defend shall stand granted to the Appellant in both the suits subject to the condition that the bank guarantee which is furnished by the appellant in both the appeals pursuant to the interim order passed in these appeals shall continue to be kept alive by the appellant during the pendency of the suits. 4. Both the Appeals are disposed of in the above terms. 5. In view of the above, nothing survives in the Notice of Motion Nos. 1901 of 2002 and 1902 of 2002 and the same are disposed of as such. 6. Written statement to be filed by the appellant within a period of eight weeks from today. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)