A.K.SIKRI, MANMOHAN SINGH
Bank of India – Appellant
Versus
Madura Coats Ltd. – Respondent
Manmohan Singh, J.
1. This appeal has been filed by the appellants (defendants No. 1 and 2 in the suit) against the order passed by the learned Single Judge on 21st April, 2003 whereby the application of appellants for leave to defend was dismissed and the suit was decreed in favour of the respondent (plaintiff in the suit).
.2. The Plaintiff filed the suit for recovery of Rs. 87,99,121/- along with interest
.under Order 37 of Code of Civil Procedure against the defendants (appellants herein) and M/s Hilton Rubbers Ltd. i.e Defendant No. 3.
.3. It was submitted that M/s Hilton Rubbers Ltd. i.e. Defendant No. 3 had placed orders with the Plaintiff for supply of Nylon and Polyester based fabrics vide different Purchase Orders, details of which are mentioned hereinbelow:
.(i) Purchase Order No. 165 dated 01.02.99
.(ii) Purchase Order No. 168 dated 13.02.99
.(iii) Purchase Order No. 169 dated 01.03.99
.(iv) Purchase Order No. 170 dated 01.03.99
.(v) Purchase Order No. 173 dated 22.03.99
.(vi) Purchase Order No. 172 dated 04.03.99
.(vii) Purchase Order No. 174 dated 11.03.99
4. M/s Hilton Rubbers Ltd. had arranged to open irrevocable Letters of Credit through Plaintiff in his f
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