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2006 Supreme(Del) 336

BADAR DURREZ AHMED
BPDL INVESTMENTS (PVT) LTD – Appellant
Versus
MAPLE LEAF TRADING INTERNATIONAL – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THIS is an application under Order 37 Rule 3 of the Code of Civil procedure, 1908 read with Section 151 thereof on behalf of the defendant for grant of leave to defend the summary suit instituted by the plaintiff. The case against the defendant is that the defendant had engaged the services of the plaintiff for conducting market research surveys in India with respect to the business interest of the defendant pertaining, inter alia, to the sale of canadian Gold Coins. It is alleged in the plaint that the defendant had engaged the services of the plaintiff and the plaintiff had carried out surveys etc and had rendered such services but the defendant had not paid for the same.

( 2 ) THE learned counsel for the defendant/applicant submitted that the entire plaint is based upon the four cheques which are mentioned in paragraph 14 of the plaint which amount to a sum of Rs. 1,34,32,500/ -. The details of the cheques which were all drawn on ABN AMRO Bank are as under:

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