( 1 ) THIS is an application, filed on behalf the defendant under Order XXXVII Rule 3 (5) Criminal Procedure Code, seeking leave to contest the suit.

( 2 ) THE suit is filed under Order XXXVII Criminal Procedure Code for recovery of Rs. 18,12,642. 50. 00 alongwith pendente lite/future interest and costs of the suit.

( 3 ) THE plaint avers as under:-

( 4 ) THE suit is based upon the recovery of the price of material supplied by the plaintiff to the defendant from time to time. Consequently by a Reconciliation Certificate dated 8/05/1996 one Shri P. S, Khullar, General Manager (Accounts) on behalf of the defendant-Company admitted that the balance payable to the plaintiff was Rs. 14,54,351. 14. This balance acknowledged to be due as on 31. 3. 1996 comprised of rs. 11,09,743. 00 by way of principal amount and Rs. 3,44,608. 14 on account of interest. Thereafter one Shri Satish Arora, Asst. Manager (Accounts) of the defendant- company by a Reconciliation Statement showing dues as on 31. 1. 1997 admitted that the balance payable to the plaintiff was Rs. 11,09,743. 00 plus Rs. 4,83,840. 53 on account of interest totally Rs. 15,93,583. 55p. In spite of Demand Notice dated 14. 5.