Pradeep Nandrajog, J.

( 1 ) THE present order disposes of the 3 captioned interim applications, one filed by the defendant and the other two filed by the plaintiff. Suit has been filed by the plaintiff invoking the provisions of Order xxxvii of the Code of Civil Procedure. By and under IA No. 2268/1995, defendant prays for leave of this Court to defend the suit. By and under IA Nos. 3773/1995 and 3805/1997, plaintiff prays for a decree on admission.

( 2 ) SUIT is based on a written acknowledgement of the defendant dated 23. 6. 94. The same reads as under:

( 3 ) BACKDROP to the acknowledgement aforesaid, as pleaded in the plaint is that the plaintiff company is a merchant exporter dealing in mainly pharmaceutical goods and medicines. Defendant company is a manufacture of medicines and pharmaceutical goods. As per the plaint, in the year 1991, defendant approached the plaintiff with a proposal that it could manufacture high quality Ampicillin Trihydrate. Plaintiff placed its requirement of bulk quantity of Ampicillin Trihydrate. Defendant expressed to the plaintiff that it was short of finds to manufacture bulk quantity of Ampicillin Trihydrate and desired some funds. Being in urgent

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