KBP 4375-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBA CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4375 OF 2009 M/s.United Assocites ..Petitioners Vs. Kirtikumar Kantilal Vora ..Respondent ......... Mr.Amit Kasbe, for petitioners h/f.Mr.M/s.Bharat Vaishnawa and Co., for petitioners. Mr.P.U.Badadare, for respondent no.1. ....... CORAM : A.S.OKA, J.. DATE : 23 rd SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioners and learned counsel for the respondent no.1. 2] Considering the manner in which the application for grant of leave to defend the suit has been decided by the trial Court by the impugned order, the learned counsel for the respondent no.1 states that the matter be sent back to the trial court for re-hearing of the said application. 3] While issuing notice on 30 th July, 2009 this court has noted that the application made by the petitioners for grant of leave to defend the suit has been decided by the trial court in the most unsatisfactory manner. Therefore, instead of keeping the petition pending it will be appropriate if by setting aside the impugned order, the trial Court is directed to re-hear the application and decide the same in accordance with law. The law on the point of consideration of application for grant of leave to defend is well settled. 4] Hence, the impugned judgment and order dated 27 th January, 2009 is KBP 4375-09.sxw 2 quashed and set aside. The applications exhibit 19 and 23 are restored to file of the trial Court. The trial Court is directed to decide the applications at exhibit 23 as well application at 19 afresh after hearing the parties. The trial Court will decide the applications as expeditiously as possible and preferably within three months from the date of production of an authenticated copy of this order. All contentions of the parties on merits of the said applications are expressly kept open. The Writ Petition is partly allowed in the above terms with no order as to cost. ( A.S.OKA, J. )