( 1 ) THIS order shall dispose of the application filed by the Defendant under Order XXXVII Rule 3 (5) of the Code of Civil Procedure, 1908 (for short CPC) for obtaining leave to defend the suit filed by the Plaintiff for recovery of liquidated damages of a sum of Rs. 9,99,760. 00 along with pendente-lite and future interest.

( 2 ) THE Plaintiff filed the suit alleging therein that it is engaged in the business of travel and tour under the name and style of apace rent a car it has been regularly supplying luxury vehicles to the various clients in Delhi as well as in other cities, that the Plaintiff entered into three agreements with the Defendant, namely (i) Agreement oil 14th June, 1995 for hiring of six Maruti Gypsy vehicles which were to be supplied at a monthly rental of Rs. 25,000. 00 this agreement was valid for a period of 12 months, and it further provided that in case the vehicle was returned before the said period then the Plaintiff shall be entitled to charge at the rate of Rs. 31,000. 00 per month, for the period tor which the vehicle had been used by the Defendant, (ii) Agreement dated 24th August, 1995 for hiring of one Tata Sumo/tata Estate for a