Manmohan Singh, J.

1. The plaintiff has filed the present suit for recovery under Order XXXVII CPC against the defendants.

2. Brief facts of the case are that the plaintiff-Company is engaged in the business of suppliers, dealers, stockists of Home Appliances etc. The defendant No.2 portrayed himself to be the proprietor of the defendant No.1’s sole proprietorship firm. Pursuant to the agreement arrived at Delhi, the defendants had been appointed as the distributor in respect of the products/appliances supplied by the plaintiff.

3. It is the case of the plaintiff that as per the books of accounts of the plaintiff-Company, a principal amount of Rs.17,35,916/- was due and outstanding against the defendants as on 26th February, 2009 after taking into account all the payments received from the defendants. Thereafter the plaintiff made repeated requests and reminders and notice of demand dated 7th April, 2010 was served upon the defendant. After the service of the legal notice dated 7th April, 2010, defendant No.2 approached the plaintiff at its office at Delhi and on 13th October, 2010 made a written balance confirmation of the amount of Rs.17,58,865/-. By way of an affidavit/