Soumen Sen, J.

1. The application for summary judgment and the application for leave to defend are taken up together and disposed of by this common order.

2. The plaintiff has filed a suit under order 37 of the Code of Civil Procedure for recovery of a sum of Rs.47,17,103/- on the basis of a dishonored cheque for Rs.45,13,974/- purported to have been issued by the defendant in favour of the plaintiff towards the balance price of the goods sold and delivered by the defendant to the plaintiff. After filing of the suit the plaintiff has taken out an application in GA No.1956 of 2017 for a summary decree for the aforesaid sum. Upon service of summons the defendant had taken out an application being GA No.2035 of 2017 for leave to defend.

3. Both the applications are taken up for consideration.

4. The plaintiff has stated that from time to time the plaintiff had sold supplied and delivered to the defendants Iron and Steel goods e.g. M.S. Sheets/plates, steel rods etc. and the defendant used to make part payments from time to time against the invoices raised by the plaintiff upon the defendant in respect of such goods. The parties maintained running and continuous account. Upon set