A. K. CHAWLA, J.

1. The appellant (hereafter “Century”), in this regular first appeal challenges the judgment and order dated 01.12.2017 of the learned Single Judge, in the leave to defend applications by the Respondents/defendants (“Sachin” and “TCC” respectively hereafter) in the summary suit instituted under Order XXXVII CPC. The impugned judgment dismissed the summary suit against all three defendants including the third defendant (hereafter 'Tarun'), with the liberty to the plaintiff to approach the court of appropriate jurisdiction.

2. Briefly, the relevant facts are that Century had instituted a suit for recovery of money against the defendants under Order XXXVII CPC. The suit proceeded on the premise that Century having its registered office at New Delhi and factory at Tatarpur, Distt. Faridabad (now Distt. Palwal) was inter alia engaged in the business of manufacture and trading of aluminum alloy ingots and allied products and that, it used to import aluminum scrap, which was the principal raw material for manufacture of aluminum alloy, from USA. For the purpose, it used to place orders and make advance payments to Metal Worldwide Inc. in short 'MWI', registered an