S. Ravindra Bhat, J. (Open Court)

C.M. NO. 15154/2013 (for condonation of delay)

For the reasons mentioned in the application, C.M. No. 15154/2013 is allowed.

RFA (OS) 125/2013, C.M. NO. 15155/2013 & 15156/2013

1. This is an appeal from an order of the learned Single Judge declining the unsuccessful defendant’s (in the suit, and the appellant herein) leave to defend a suit brought under Order XXXVII of the Code of Civil Procedure (“CPC”) by Jindal Steel and Power Ltd. (hereinafter “JSPL”) for recovery of a principal sum of Rs. 2,98,39,060/-along with interest at the agreed rate of 10% per annum accrued thereon with effect from April, 2007 to March, 2008 and thereafter at 12% per annum from April, 2008 till the institution of the suit in February, 2010, thus amounting to a total amount of Rs. 4,00,44,341.20/-.

2. As the Single Judge records, the pleading on behalf of the plaintiff is as follows:

“1. XXXXXX XXXXXX XXXXXX

(i) that the defendant is the sole proprietor of M/s Guru Mehar Construction;

(ii) that in December, 2000, the defendant approached the plaintiff with offer to conduct the excavation activities required by the Plaintiff at its mining site near Dongamoh