Vipin Sanghi, J.

I.A. No. 16564/2015

1. This application has been moved by the defendant under Order XXXVII Rule 3(5) CPC to seek leave to defend the present suit filed by the plaintiff as a summary suit under Order XXXVII CPC.

2. The case of the plaintiff, as made out in the plaint, is that the defendant used to seek short term financial assistance from the plaintiff to meet his business related requirements. In all, the defendant borrowed a sum of Rs.2,50,00,000/- from the defendant from time to time in the following manner:

a) Rs.33 Lacs in Cash on 31.12.2010

b) Rs.15 Lacs by way of RTGS on 01.06.2012

c) Rs.20 Lacs in Cash on 23.06.2012

d) Rs.10 Lacs by way of Cheque No.703784 on 28.08.2012

e) Rs.50 Lacs by way of Cheque No.703796 on 29.08.2012

f) Rs.50 Lacs by way of Cheque No.703797 on 29.08.2012

g) Rs.32 Lacs by way of Cheque No.703798 on 29.08.2012

h) Rs.40 Lacs in Cash on 30.08.2012.

3. On 03.09.2012, the defendant acknowledged/ admitted his liability and agreed to re-pay the said amount to the plaintiff. He executed a promissory note undertaking to pay the said amount on 03.09.2012. Apart from executing the promissory note, the defendant also issued two post-dated cheques da