- (1.)With the consent of the learned advocates appearing for the respective parties, the present petition is taken up for final disposal today.
(2.)By way of the present petition preferred under Articles 226 and 227 of the Constitution of India, the petitioners - original defendants challenge order dated 25.02.2013 passed by the learned 9th Additional Senior Civil Judge, Vadodara below Exh.13 in Summary Suit No.102 of 2011 whereby, petitioners' application Exh.13 to grant leave to defend came to be rejected.
(3.)Briefly stated, it is the case of the petitioners that they are Class IV employees serving with the Bank of India and they had taken amount of Rs.50,000/ - from the respondent - original plaintiff as they were in need for social and personal use. According to them, they have returned the said amount with 10% interest by cheque and, therefore, the respondent - original plaintiff is not entitled to file suit being Summary Suit No.102 of 2011.