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Judgment
3 paragraphs · 144 wordsC.S.Dias, J
The learned counsel appearing for the petitioners submits that since the suit has been transferred to the Commercial Court, he may be granted leave to withdraw this original petition and file a fresh petition to challenge Ext.P6 order.
On a perusal of Ext.P6, it is seen that the order is passed under Order XXXVIII Rule 6(2) of the Code of Civil Procedure, 1908(in short,’Code’), whereby, the court below has accepted the security furnished by the respondent. An order passed under Order XXXVIII Rule 6 of the Code is appealable under Order XLIII Rule(1)(q) of the Code. Thus, the leave sought for by the petitioner to withdraw the original petition and file a fresh original petition cannot be granted. Nonetheless, this original petition is dismissed, without prejudice to the right of the petitioners to invoke the statutory remedy as prescribed under the Code.