( 1 ) BY these Orders, I shall dispose off the Defendants applications (under Order XXXVII Rule 3 (5) read with Section 151 of the C. P. C. praying for Leave to Defend the Suit) being IAs No. 968/99 [filed by Defendant No. 2] and I. A. 1939/00 [filed by Defendant No. 1].

( 2 ) THE first question to be addressed is whether the parties had entered into a written contract on the breach of which this summary suit is founded. The Plaintiff argues that all the terms of the parties engagement have been reduced to writing and can be found on the reverse side of each of its Invoices. I had the occasion to consider this very contention in the case titled KLG Systems Ltd. vs. Fujitsu ICIM Ltd. , 92 (2001) Delhi Law Times 88. My conclusion was that " it is no longer res integra that invoices/bills are written contracts within the contemplation of this Order. Reference is directed to Messrs. Punjab Pen House v. Samrat Bicycles Ltd. , AIR 1992 Delhi 1; Corporate Voice (Pvt.) Ltd. v. Uniroll Leather India Ltd. , 60 (1995) DLT 321; and Beacon Electronics v. Sylvania and Laxman Ltd. , 1998 (3) Apex Decisions (Delhi) 141. " I may only add that if the transaction in question is c