: 1 : 24768-11-WPst=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (st) NO. 24768 of 2011 Maharashtra Biofertilizers India Pvt. Ltd. & Anr. .. Petitioners v/s. MITCON Consultancy Services Ltd. .. Respondents ......... Mr. Dhananjay Lonkar for the petitioners ......... CORAM : R.Y.GANOO, J DATE : 30th SEPTEMBER,2011. Not on Board. Upon production taken on Board. P.C. : 1. At the request of the petitioners, in view of the urgency, the petition was taken up for hearing forthwith. 2. The Special Summary Suit No.173 of 2008 was filed by the respondents in the Court of learned Civil Judge, Senior Division, Pune. The petitioners filed an application under Order 37 Rule 3(5) of Civil : 2 : 24768-11-WPst=.sxw Procedure Code for leave to defend. That application was heard on merits by the learned 7th Joint Civil Judge, Senior Division, Pune. He by order dated 5th December, 2009 granted leave to defend by putting the petitioners to condition in as much as petitioners were directed to deposit Rs.19 lakhs within a period of 2 months from the date of the order. The learned advocate for the petitioner admitted that this order dated 5th December, 2009 is not complied with. The petitioners filed an application below Exh.19 in the aforesaid Summary Suit praying that the plaint should be rejected on the ground that same is hit by the provisions of Order 37 Rule 2(1)(a)(b) and (c) of the Civil Procedure Code. That application was rejected on 20th January, 2011 by the learned Judge, against which Misc. Application No.250 of 2011 was filed. That application was also rejected by order dated 16th August, 2011. 3. After some arguments, learned advocate for the petitioners applies for withdrawal of this petition with liberty to file proper application before the learned 7th Joint Civil Judge, Senior Division, Pune so as to seek some more time to deposit the amount ordered to be deposited as per order dated 5th December, 2009. The request of the petitioner is granted. Petition is allowed to be withdrawn. Petitioner is free to make an : 3 : 24768-11-WPst=.sxw application as per the leave sought. If such application is filed, the concerned Judge shall hear and dispose of the said application on merits. This Court has not expressed any views on merits of the matter. In view of the above, petition stands disposed of in the above terms. There shall be no order as to costs. Office to number the petition for statistical purpose. All objections except objection regarding Court fee stands dispensed with. (R.Y.GANOO, J.)