(1.) BY way of this petition under Article-227 of the Constitution of India, the petitioner- Gujarat Electricity Board seeks to challenge the impugned order passed by the Auxiliary Chamber Judge, Court No.15, City Civil Court, Ahmedabad dt.11th October, 2003 in Summary Suit No.4166/2002 whereby the Court below granted conditional leave to defend to the petitioner-original defendant on condition of deposit of Rs. 6,07,950/-. The Court below also permitted the respondent herein � original plaintiff to withdraw 50% of the said amount on furnishing Bank Guarantee for the said amount and also directed the petitioner to deposit the said amount within stipulated period.
(2.) FACTS relevant for the purpose of deciding this petition may be summarized as under :
(3.) MR.Mayur Pandya, learned counsel appearing for the petitioner �original defendant vehemently submitted that the Court below failed to take into consideration the following triable issues at the time of hearing of the Leave to Defend Motion :