JUDGMENT :

[Amit Bansal, J.]

I.A. 12748/2022 (of the defendants u/O-XXXVII R-3(5) of the CPC) and I.A. 10658/2022 (of the defendants u/O-VII R-11 of the CPC)

1. The present suit has been filed under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.2,53,02,720/-along with pendente lite and future interest.

2. Summons in the suit were issued on 22nd December, 2021. The defendants entered appearance and filed an application, being I.A.12748/2022, seeking leave to defend. The defendants also filed I.A.10658/2022 under Order VII Rule 11(a) and (d) of the CPC for rejection of the plaint. Pleadings in both the aforesaid applications have been completed.

3. Submissions on behalf of the counsels were heard on 24th November, 2022 and 12th December, 2022. On 12th December, 2022, the parties were referred for mediation, however, the mediation proceedings were not successful.

FACTUAL MATRIX

4. Briefly stated, the facts pleaded in the plaint are as under:

4.1 Plaintiff company is a third-party logistics company, which, inter alia, provides freight forwarding and transportation services.

4.2 Defendant no.1 is engaged in the business of logistics and warehousing in India