JUDGMENT

Sanjeev Narula, J.—I.A. 921/2019 (delay)

1. For the reasons stated in the application, the delay in filing the application is condoned and the application is disposed of.

I.A. 4150/2019 (delay)

2. For the reasons stated in the application, the delay in re-filing the application is condoned and the application is disposed of.

I.A. 920/2019 (Application under Order XXXVII Rule 3 (5) read with Section 151 CPC)

3. The Plaintiff has approached this Court by invoking Order XXXVII of Code of Civil Procedure, 1908. The prayers made in the suit read as under;

“(i) To pass a decree for Rs.2,65,00,000/- (Rupees Two Crore & Sixty Five Lacs only), being the amount of bill of exchange, under Order XXXVII CPC, in favour of the plaintiff and against the defendant.

(ii) To pass a decree for a sum of liquidated damages for Rs.25,000,00/- (Rs. Twenty Five Lac only), under Order XXXVII CPC, in favour of the plaintiff and against the defendant.

(iii) To allow the cost of litigation, in favour of the plaintiff and against the defendant.”

Brief facts

4. Before dealing with the grounds urged in the present application, it would be apposite to note relevant facts. The parties to the present sui