INDERMEET KAUR
G. P. Bhatia – Appellant
Versus
Deekayinc & Ors – Respondent
Indermeet Kaur, J.
1. The petitioner is aggrieved by the impugned order dated 29.09.2011 whereby the application filed by the defendant seeking leave to defend had been allowed; leave to defend had been granted to the defendant in the pending suit filed by the plaintiff under Order XXXVII of the Code of Civil Procedure (hereinafter referred to as the 'Code').
2. Record shows that the present suit has been filed by the plaintiff seeking recovery of Rs. 12,65,044/-. Contention of the plaintiff was that the parties had business dealings with one another; the plaintiff was a wholesale dealer of various products including push buttons and cordless phones for reputed companies; the director of defendant No. 1 was purchasing goods from the plaintiff for and on behalf of defendant No.1; the parties had business dealings; plaintiff was maintaining a running account. In March, 2007, the defendant started defaulting in payment. Certain amounts were paid thereafter; balance confirmations were executed by the defendant on 15.07.2006 and 01.06.2009. Legal notice dated 22.12.2009 was sent by the plaintiff to the defendants calling upon them to pay the aforenoted amount of Rs. 12,65,044/-
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