R. S. GARG, K. M. MEHTA, J.

( 1 ) THE present First Appeal under Section 96 of the Code of Civil Procedure has been filed by the unsuccessful defendant against judgement and decree dated 20th february, 2003 passed by the learned Second Joint Civil Judge (Senior Division), vadodara, in Summary Suit No. 544 of 1993.

( 2 ) THE facts necessary for disposal of the present appeal are that the plaintiff filed a Suit to recover a sum of Rs. 18,06,295. 90 with interest at the rate of 21. 5 per cent. The Suit was filed under the provisions of Order 37 of the Code of Civil Procedure, summons for appearance were served upon the defendant, the defendant accordingly appeared and thereafter summons were served upon the defendant. The defendant raised various pleas before the Court in his application for leave to defend and also submitted that the defendant, namely, m/s. Satyadev Chemicals Pvt. Ltd. , was a sick Company and as the proceedings were pending before the BIFR, the proceedings in the Summary Suit could not be drawn further. Various other defences were also raised. The trial Court after hearing the parties granted conditional leave subject to payment/deposit of 25 per cent of the suit cla

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