VALMIKI J. MEHTA, J

1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 4.9.2010 granting conditional leave to defend to the appellant and to the consequential order dated 21.10.2010 decreeing the suit on account of failure to comply with the condition of payment of Rs.2,50,000/-.

2. The present appeal lies in view of the judgment of the Supreme Court in the case of Wada Arun Asbestos (P) Ltd. vs. Gujarat Water Supply & Sewerage Board, AIR 2009 SC 1027, which holds that once an application for leave to defend is dismissed, and a consequential decree is passed, appeal will have to be filed against the final judgment. In the present case, final judgment has been passed, and which is a consequential judgment decreeing the suit of the respondent/plaintiff on 21.10.2010 and hence the present appeal.

3. The facts of the case are that the respondent/plaintiff filed the present suit for recovery of Rs.4,77,819/- against the appellant/defendant with respect to the claim of balance transportation charges for transporting the goods of the appellant/defendant from London to New Del