IA No. 2523 of 2011 [under Order XXXVII Rule 3(5) Code of Civil Procedure, 1908 for leave to defend]

1. This summary suit has been filed by the Plaintiff under Order XXXVII of the Code of Civil Procedure 1908 (‘CPC’) for recovery of a sum of Rs.1,40,64,950 together with pendente lite and future simple interest @ 22% p.a..

2. The case of the Plaintiff is that it has its registered office at Rajendra Place, New Delhi. The orders placed by Defendant No.1 were received by the Plaintiff at its office in New Delhi. Defendant No.2 is the Managing Director and signatory of the cheques issued by Defendant No.1. Even prior to 1st April 2007, the Plaintiff was supplying to Defendant No.1 several items like polyol, isocyanate Urecom, etc. on 60 days’ credit and subject to the jurisdiction of the Delhi Courts. Orders from Defendant No.1 were received and accepted by the Plaintiff at its office in New Delhi. Defendant No.1 had been remitting the on account part payment by cheques to the Plaintiff at the said registered office. The Plaintiff states that a confirmation of accounts was duly signed by the authorised signatory of Defendant No.1, Mr. Sanjay Swami, on 1st April 2007. This concerne