JAYANT NATH, J.

I.A.10790/2011 (O.37 Rule 3(5))

1. This is an application filed by the defendant under Order 37 Rule 3(5) of the Code of Civil Procedure seeking leave to defend. The Suit is filed by the plaintiff under Order 37 of the Civil Procedure Code claiming recovery of a sum of Rs.25,72,000/-.

2. As per the plaint, the plaintiff is a partnership firm and submits that it is engaged in the business of money lending. It has a licence granted by the Collector Money Lending, Delhi under Section 4 of The Punjab Registration of Money-lender’s Act, 1938 as extended to Delhi. The suit transaction it is submitted consists of loan of Rs,20 lacs which was availed of by the defendant. It is further claimed that the defendant is liable to pay interest at the rate of 15.6 % per annum which is the agreed rate of interest. It is submitted by the plaintiff that that the defendant has been availing loans from the plaintiff since 2005 when the defendant was introduced to the plaintiff by one Mr. S.K. Surana who acted as an intermediary/broker. It is submitted that the a practice adopted by the defendant was of availing loan from the plaintiff for a fixed time and simultaneously executing