PRATIBHA RANI, J.

1. The appellant before us is Union of India impugning the judgment and decree dated March 22, 2002 whereby an ex-parte decree for a sum of Rs 46,31,929/- with costs, pendent lite and future interest @ 18% p.a. was passed in favour of respondent herein i.e. M/s Navshakti Industries P. Ltd.

2. At the outset, we may note that the judgment and decree being ex-parte, appellant had impugned the judgment on its legality, referring the facts pleaded and proved on affidavit by way of ex-parte evidence by the respondent.

3. The case of the respondent (plaintiff in CS(OS) No.2667/1998) is that it is a company incorporated under The Companies Act, 1956 and was importer, exporter and trader of various kinds of newsprints and printing papers from various countries. The respondent used to place orders and foreign suppliers sent the goods which reached the International Containers Deport (hereinafter referred to as ICD), Tughlakabad. The goods used to be got released by the respondent from there on completing the formalities.

4. The facts giving rise to cause of action for filing the suit pertained to the import of newsprint/printing paper from various countries during th