Gita Mittal, J.

By this order, I propose to dispose of this application which has been filed by the sale defendant under Order 37 Rule 3(5) of the Code of Civil Procedure, 1908 praying for leave to defend the present suit which has been filed under the summary procedure provided under Order 37 of the Code at Civil Procedure, 1908.

2. The suit lias been filed by the plaintiff on the averments that the plaintiff, Shri S.C. Gupta, was carrying on a business of interior contractors as a sole proprietor under the name and style of M/s. S.C. Gupta & Bros. The plaintiff had good relations with Shri Surender Sadhu, a Director in the defendant, a company incorporated under the provisions of the Companies Act, 1956. On account of such good relations, the plaintiff also remained as a Director in the defendant company with effect from 31st May, 2000 till 31st January, 2002.

3. The plaintiff advanced to the defendant several amounts as loan account payee cheques or demand drafts between the period 16th December, 1998 to 13th September, 2000 totalling an amount of Rs. 41lakh. The amount which was advanced by the plaintiff was duly reflected and acknowledged by the defendant as such loan in