CMs No. 40407/2017 & 40408/2017 (both for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

CM(M) 1269/2017 & CM No.40406/2017 (for stay)

3. This petition under Article 227 of the Constitution of India impugns the order [dated 15th July, 2017 in CS No. 15562/2016 (Old No. 230/2016) of the Court of Additional District Judge (ADJ)-04 (South West), Dwarka Courts, New Delhi] granting unconditional leave to the respondent/defendant to defend the suit filed by the petitioner/plaintiff under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.10 lakhs, on the basis of cheques issued by the respondent/defendant in favour of the petitioner/plaintiff and an agreement entered into between the respondent/defendant and the petitioner/ plaintiff, who had an employer and employee relationship.

4. The contention of the counsel for the petitioner/plaintiff is not that the leave to defend application should have been dismissed but that conditional leave to defend should have been granted. However, the counsel for the petitioner/plaintiff at this stage states that his first contention is that the leave to defend application should have b