JAYANT NATH, J.

1. This application has been filed by the defendant under Order 37 Rule 3(5) for leave to defend on behalf of the defendant.

2. The plaintiff has filed the suit for recovery of Rs.29,02,788/-. As per the plaint, the defendant is a customer which purchased material i.e., paper from time to time. It is averred that from 01.04.2009 to 04.11.2009 against 10 different invoices, paper worth Rs.31,77,139/- were supplied to the defendant. The material was supplied on 60 days? credit and the defendant is said to have made part payment of Rs.15,07,998/- leaving a balance of Rs.16,69,151/- which the defendant is liable to pay along with alleged interest @ 30% per annum. It is urged that a legal notice was sent on 08.04.2011 which was duly served. The postal receipt and AD Cards are placed on record. It is stated that despite service of legal notice, the defendant has failed to make the necessary payment.

3. The defendant in the present application has averred that the suit filed by the plaintiff cannot be a summary suit as the bills placed on record by the plaintiff were never received or acknowledged by the defendant. It is denied that bills as reproduced in para 3