SANJIV KHANNA, J.

1. Counsel for the appellant prays for and is granted permission to correct typographical error in the memo of parties and initial the same in today’s date. Appellant No.1 by mistake was described as ABI Overseas instead of ABI Overseas Ltd. The appellant No. 1 who is defendant No. 1 in the suit has been described as ABI Overseas Ltd. in the plaint.

2. The present appeal by the defendants, namely, ABI Overseas Ltd. and Vipen Kumar Parwanda, impugns the order dated 24th November, 2016, whereby OA No.58/2014, I.A. Nos. 6574/2014, 10989/2014 and 19203/2014 filed by them have been dismissed. Appellant No. 2 Vipen Kumar Parwanda is the director of appellant No. 1, ABI overseas Ltd.

3. In order to decide the appeal, we had called for the records of CS (OS) No. 1497/2011, titled Ashwani Kumar Vs. M/s ABI Overseas Ltd. & Anr. and have perused the same.

4. The aforesaid suit filed under Order XXXVII of the Code of Civil Procedure, 1908 (Code, for short) is for recovery of Rs.4,57,60,440/- and pendente lite and future interest. The suit is based on the dishonoured cheque for Rs.4,25,00,000/-.

5. The appellants-defendants filed the application for leave to defend, which