( 1 ). THIS appeal, under Section 10 of the Delhi High Court Act, 1966 read with Section 104 and Order 43 Rule 1 (d) of the Code of Civil Procedure, is directed against the order dated 16 August 1993 of the learned Single Judge dismissing the appellant s application No. 7158/93 (under Order 9 Rule 13 CPC) in Suit No. 2069/92 for setting aside the decree dated 4 August 1993 made under order 8 Rule 10 Civil Procedure Code for default in not filing the written statement by the defendant - appellant herein.

( 2 ). IT appears that the plaintiff/respondent was engaged by the appellant as a contractor/agent for operation of electronic PABX telephone exchange at t he Indira Gandhi International Airport New Delhi. The respondent had agreed to operate the STD pay phones installed at the said airport w. e. f. 6 January 1990. From 6 January 1990 to 14 April 1992 Mahanagar Telephone Nigam Limited raised a bill for the STD pay phone booths operated by the respondent at Rs. 1,58,00,691. 00 , against which the respondent contractor is said to have deposited only a sum of Rs. 1,19,18,306. 00. The respondent filed a suit for recovery of Rs. 22,73,930. 50p against the appellant alongwi