judgment

Tarun Chatterjee, J. —

1.Leave granted.

2.This appeal is directed against the order dated 13th of December, 2005 passed by a Division Bench of the High Court of Judicature at Bombay in Appeal No. 1128 of 2005 whereby the Division Bench had allowed the appeal of the respondent thereby setting aside the order passed by a learned Single Judge of the same High Court granting conditional leave to defend, to the respondent on deposit of a sum of Rs. 15 lacs.

3.The facts giving rise to the filing of this appeal may be briefly stated as follows.

4.The appellant company is engaged in the business of providing service in setting up of Networks and other value added services in the field of information and technology. The respondent company is engaged in the business of providing Courier services. The respondent hired the services of the appellant as the service provider for the connection of its Networks across India, which included Internet Access and Virtual Private Network (VPN). It is the case of the appellant that the respondent committed defaults in making payments in respect of the services provided by the appellant to the respondent. In view of the continued failure of the resp