( 1 ) BY IA No. 2294/2002, under order XXXVII, Rule 3 (5] read with Section 151 of the Code of Civil Procedure defendant seeks unconditional leave to contest the suit. Plaintiff M/s. Dura-Line India Pvt. Ltd. , formerly known as M/s. Bharti Dura-Line limited, has instituted the present suit under Order XXXVII. CPC, claiming a sum of rs. 35,88,620 (Rs. Thirty five lacs eighty eight thousand six hundred twenty only) together with costs. Plaintiff also seeks pendente lite and future interest at the rate of 24 per cent per annum. Upon summons being issued under Order XXXVII CPC, defendant entered appearance accompanied with an application for condonation of delay In entering appearance. Vide order dated 14-2-2002, delay in entering appearance was condoned, Plaintiff took out summons for judgment in response to which the defendant has filed the above application, seeking leave to contest.

( 2 ) BEFORE considering the grounds urged in support of the application for unconditional leave to contest the suit, the facts in brief as they emerge from the plaint, application and admitted documents may be noted.

( 3 ) PLAINTIFFS case in brief is that it is engaged, inter alia, in the business of

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