VALMIKI J. MEHTA, J. (ORAL)

1. The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 20.07.2006 decreeing the suit of the respondent/plaintiff filed under Order 37 CPC for recovery of 10,41,945/-. The suit was filed for recovery of moneys on account of appellants/defendants failing to make payments of the goods namely for Steel Bars supplied to it by the respondent/plaintiff.

2. The facts of the case are that the appellants/defendants placed orders dated 15.03.2002 and 18.03.2002 upon the respondent/plaintiff for supply of Tor Steel Bars. Appellant No. 2/defendant No. 2 is the sole proprietor of appellant No. 1/defendant No. 1. The respondent/plaintiff supplied the requisite Tor Steel Bars under its invoices dated 22.03.2002. Since the payment with respect to the two invoices of 5,49,739/- and 4,09,416.50/- were not made, and consequently, the subject suit for recovery under Order 37 CPC came to be filed.

3. In the leave to defend application, the appellants/defendants contended that the respondent/plaintiff is not entitled to the amount under invoices da