JUDGMENT

Neena Bansal Krishna, J. -

I.A.6958/2018 (for leave to defend by D2 and D3)

1. An application has been filed on behalf of defendant No.2 and 3 under Section XXXVII Rule 3(5) of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC) seeking Leave to Defend the suit for Recovery, filed on behalf of the plaintiff.

2. It is submitted in the application that the suit is not maintainable as it is hopelessly barred by time. The suit for recovery of the alleged amount pertains to the period 09.06.2012 to 24.01.2014 for the goods that were supplied by the plaintiff to the defendant during this period. The accounts were settled for the aforesaid period between the parties on 02.02.2014 and after minor deductions, an amount of Rs.3,34,60,548/- was found due for which defendant No.2 issued a cheque which was dishonored due to 'insufficiency of funds' on 19.02.2014. It is asserted that the suit has been filed on 02.03.2017 after a lapse of three years of limitation and is, therefore, barred.

3. The defendants have further asserted that the suit under Order 37 CPC can be maintained for 'a debt or liquidated amount' for which there is 'an Agreement' in writing showing the admitted l