( 1 ) THIS is an application on behalf of the defendants under Order XXXVII Rule 3 (5) Civil Procedure Code for granting leave to defend in the above suit filed under Order XXXVII Civil Procedure Code by the plaintiff-M/s Dentsply India Pvt. Ltd.

( 2 ) THE suit, filed on behalf of the plaintiff avers as follows;

(A) That the plaintiff is the manufacturer and marketeer of various Dental equipments; (b) That the defendant No. l is a Partnership concern and defendants 2 and 3 are its partners; (c) That the defendant No. l was appointed as a Distributor for the region of Delhi, rajasthan and Haryana by letter dated 1st of January, 1996 for the products manufactured by the plaintiff; (d) That however, no formal written agreement was executed between the parties; (e) That the plaintiff has been supplying the goods to the defendants from March, 1996 till December, 1998 under various invoices; (f) That the sales have been made by approximately 647 Nos. of invoices amounting to Rs. 5,52,87,497. 03 (Rupees five Crores Fifty Two Lacs Eighty Seven thousand Four Hundred Ninety Seven and paise Three Only); (g) That the defendants though making payments from time to time to the plainti