( 1 ) THIS is a suit for recovery of Rs. 1,51,50,000. 00 (equivalent of US Dollars 1,000,000) plus interest of Rs. 58,75,620. 00 filed by the plaintiff against the defendant under the provision of Order XXXVII of the Code of Civil Procedure (hereinafter referred to as the Code ). The plaintiff has also claimed interest on the decretal amount at the rateo 18 percent per annum from the date of institution of. the suit till the date of realisaton and costs.

( 2 ) BRIEFLY stated, the facts as mentioned in the plaint are that the defendant who arries on business under the name and style of Nexim and/or Nexim/mohan Murti with offices at 47 Ring Road, Lajpat Nagar, New Delhi and also at 110/111 Pragati Tower, Rajendra Place, New Delhi, entered into contract with the official Russian importer, Technointorg, Moscow on 27th December, 1985 for the supply of certain parts of household air conditioners manufactured by the plaintiff in West Germany and the total value of the contract was Rs. 2,535,000. 00. It is further stated that under the said contract payment for the parts was to be made in Indian rupees to the defendant s account at the Bank of Foreign Trade of the USSR, World