JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Amit Bansal, J. - By way of the present appeal, the appellant who was the defendant in the suit, impugns the judgment dated 9th November, 2023 passed by the learned Single Judge whereby the application filed on behalf of the appellant under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 (CPC) seeking grant of leave to defend has been dismissed.

2. Issue Notice.

3. Notice is accepted by the counsel appearing on behalf of the respondent.

4. With the consent of the respondent (the original plaintiff), the appeal is taken up for disposal.

5. The present appeal arises out of a summary suit under Order XXXVII filed on behalf of the respondent under CPC seeking recovery of Rs.2,81,92,694.16/-. The suit was premised on three invoices raised by the respondent on the appellant for supply of goods and services related to upgradation of software systems, as detailed in the table below:

Invoice DateInvoice No.DescriptionInvoice Amount (in INR)Amount Due (in INR)20.04.20175290019389Service-E-License97,75,000.0095,65,060.8025.04.20175290019479Material30,37,499.9530,37,499.9528.04.20175290019570Service Extended Warranty23,00,000.002

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