Prathiba M. Singh, J.

1. Himanshu Foods Private Limited (hereinafter, ‘Plaintiff’) filed a suit for recovery of Rs.15,00,000/- under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter, ‘CPC’). Ajanta Raj Proteins Pvt. Ltd. (hereinafter, ‘Defendant’) filed two applications for leave to defend under Order XXXVII Rule 3 and under Order VII Rule 11 CPC. The said applications were dismissed by the Trial court. Leave to defend was refused. The suit of the Plaintiff was decreed for a sum of Rs.15,00,000/- with costs and pendente lite and future interest @ 18% per annum.

Plaintiff’s case

2. The Plaintiff claims to be a supplier of skimmed milk powder and allied products. The Defendants approached the Plaintiff for supply of the same. It was agreed that for the supplies made, invoices would be raised by the Plaintiff and payments would be made either through cash or by cheque at the time of delivery of the goods by the Defendants. Orders were placed from time to time by the Defendants and supply of the skimmed milk powder was made by the Plaintiff. Accordingly, vari