JUDGMENT

1. The impugned order dated 20th July 2022, passed by the learned District Judge (Commercial Court) (the learned Commercial Court), in CS (Comm) 173/2021 (Vivek Aggarwal v. Mamta Desaur), subjects the grant of leave to defend, to the petitioner, under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 (CPC) to a condition of deposit of Rs.9,69,548/- with the court.

2. The aforesaid requirement of deposit, by the petitioner, of Rs.9,69,548/-, as a condition for grant of leave to defend the suit instituted by the respondent against the petitioner has been assailed by the petitioner, under Article 227 of the Constitution of India. The petitioner, in another words, submits that he is entitled to unconditional leave to defend.

3. A brief recital of facts would be appropriate.

4. The respondent, as the plaintiff in CS (Comm) 173/2021, claimed to have been involved in a business relationship with the petitioner since 2012. The plaint asserts that, against purchase orders placed by the petitioner on the respondent, the petitioner was making timely payments. However, against goods worth Rs.10,78,575/-, stated to have been supplied by the respondent to the petitione