JUDGMENT

1. The present petition arises out of Com.O.S.No.506 / 2021 pending on the file of IV Addl.District Judge and Commercial Court, D.K., Mangalore (for short ' the commercial court').

2. The material on record discloses that the respondents - plaintiffs instituted the aforesaid suit against the petitionersdefendants for recovery of a sum of Rs.15, 29, 886.64 and for other reliefs. The said suit was filed by the plaintiffs as a summary suit by invoking the provisions contained in Order 37 CPC. The petitioners who are arrayed as defendants entered appearance in the suit, pursuant to which, plaintiffs filed an application I.A.1 under Order 37 Rule 3(4) CPC seeking passing of summary judgment in their favour against the defendants. The petitioners - defendants filed their objections / counter affidavit and also sought for leave to defend. By the impugned order, the commercial court refused to grant leave to defend in favour of the petitioners and allowed I.A.No.1 and directed passing of summary judgment in favour of the plaintiffs. Aggrieved by the impugned order, petitioners are before this Court by way of the present petition.

3. In the first instance, by order dtd. 19/7/2022, t