IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO. 4424 OF 2007 PETITION NO. 4424 OF 2007 PETITION NO. 4424 OF 2007 IN IN IN SPECIAL SPECIAL SPECIAL SUMMARY CIVIL SUIT NO. 150 OF 2006 SUMMARY CIVIL SUIT NO. 150 OF 2006 SUMMARY CIVIL SUIT NO. 150 OF 2006 M/s. RAJYOG DEVELOPERS & ORS. .... PETIIONERS V/S. MR.SURENDRA PRAKASH SAXENA .... RESPONDENT Mr. S.S. Kanetkar for the petitioner Mr.R.N.Sanghavi for respondent nos. 1. CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATE DATE DATE : 8TH JUNE, 2007. : 8TH JUNE, 2007. : 8TH JUNE, 2007. P.C. :- P.C. :- P.C. :- 1. A discretionary interlocutory order passed by the trial court, granting leave to defend the suit subject to the condition of deposit of the amount, is challenged by filing this writ petition. The present petitioners are developer and builder whereas the respondent/plaintiff is the owner of the land. Pursuant to the agreement, the petitioners delivered post dated cheques to the respondent-plaintiff. The cheques could not be honoured as the petitioners intimated the bank not to make the payment. As per the instructions from the petitioners to stop payment, the plaintiff could not receive the amount and hence instituted the summery suit under Order XXXVII of the Civil Procedure Code. On being served with the summons for judgment, the present petitioners applied for leave to defend the suit in the trial court. While granting the leave subject to condition of deposit of amount, the trial court has categorically held that the question raised by the defendant cannot be straightway accepted, and though leave is granted, the same is granted subject to condition. The amount involved in the suit is Rs.97,500.OO. Perused the order passed by the trial court, the same does not warrant any interference by this court in exercise of writ jurisdiction. In the result, the writ petition deserves to be dismissed and the same is hereby dismissed in limine. ( A.P.DESHPANDE J.) A.P.DESHPANDE J.) A.P.DESHPANDE J.)