JUDGMENT

Prathiba M. Singh, J.

I.As.8652/2018 (u/O XXXIX Rule 4 CPC) & 13231/2018 (for leave to defend)

1. The Plaintiff has filed the present suit under Order XXXVII CPC praying for decree for a sum of USD 14,025,783 along with past due profit and late payment charges @ 2% for each days' delay. One M/s Met Trade (UAE) FZC (hereinafter `Met Trade') had availed of a Murabaha Facility Agreement (hereinafter, `Murabaha Facility') with the Plaintiff on 2nd May, 2016. As per the said agreement, the Plaintiff had given a facility of USD 10 million to M/s Met Trade. The agreement was signed by Mr. Raman Gupta, one of the directors of Met Trade. He was duly authorised by way of a board resolution dated 14th April, 2016 by Met Trade to enter into the said agreement with the Plaintiff. The Defendant - Mr. Raman Gupta had also executed a personal guarantee in favour of the Plaintiff in respect of this facility. Met Trade had also entered into an account pledge agreement dated 2nd May, 2016, as a condition for availing of the Murabaha Facility.

2. Various other agreements were also entered into along with the said facility agreement. The Murabaha facility agreement was amended on 27th Octo