[2025:RJ-JP:21988] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2794/2021 1. M/s Modern Machinery Store, Station Road, Alwar Through Partner Sanjay Gupta S/o Late Shri Narayan Datta Gupta R/o Station Road Alwar. 2. Sanjay Gupta S/o Late Shri Narayan Datta Gupta, R/o Station Road Alwar, Partner M/s Modern Machinery Store, Station Road Alwar. 3. Deepti Gupta W/o Shri Sanjay Gupta, R/o Station Road Alwar, Partner M/s Modern Machinery Store, Station Road Alwar. ----Petitioners/defendants Versus Smt. Lata Mittal W/o Shri Rajesh Mittal, R/o 64, New Friends Colony, Jaipur Road, Alwar. ----Respondent/plaintiff For Petitioner(s) : Mr. Mohit Gupta, Advocate For Respondent(s) : Mr. Gajendra Singh Rathore, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 26/05/2025 : Instant writ petition under Article 227 of the Constitution of India has been filed by the petitioners (herein-after referred as the defendants’) against the order dt.04.02.2021 passed by the Court of ld. Additional District & Sessions Judge, No.3, Alwar, in Civil Suit No.34/10/2019, whereby the ld. Trial Court while allowing the application filed by the defendants, permitted them to defend their case by filing the written-statements provided they shall furnish a bank guarantee amounting to Rs.5,00,000/- to the satisfaction of the ld. Trial Court within a period of one month from the date of the order. At the very outset, learned counsel appearing for the defendants, submits that the condition imposed by the ld. Trial Court requiring the defendants to furnish the bank guarantee for defending [2025:RJ-JP:21988] (2 of 2) [CW-2794/2021] their case has been held illegal and the same has been set aside by the Co-ordinate Bench of this Court in the case of Hotel Paras & another Vs. Sound Vision (Civil Revision Petition No.1221/1997) decided on 27.04.1998. I have heard learned counsel appearing for the parties & have gone through the impugned order as well as the material made available on record. The Co-ordinate Bench of this Court in the case of Hotel Paras & another (supra) held as under :- “Order granting leave to defend with condition to furnish bank guarantee equivalent to the suit amount is not legally sustainable because imposition of such a condition travels beyond the scope of the discretion given to the Judge under the above provisions while granting leave to defend.” In view of the above, the condition requiring the defendants to furnish the bank guarantee amounting to Rs.5,00,000/- to defend their case by filing the written-statement is set aside and instead the defendants are directed to furnish the solvent security of the like amount to the satisfaction of the ld. Trial Court. The order dt.04.02.2021 passed by the ld. Trial Court is modified to the aforesaid extent and the rest part of the order dt.11.02.2025 shall be maintained as such. Accordingly, the writ petition stands disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK/