SANJEEV NARULA, J. (Oral):

I.A. 5968/2022 (u/Order XXXVII Rule 3(5) of the Code of Civil Procedure,

1908, for leave to defend the captioned suit)

1.

This judgment deals with a monetary suit under Order XXXVII of Code

of Civil Procedure, 1908 [hereinafter “CPC”] raising a commercial dispute

under Section 2(1)(c) of Commercial Courts Act, 2015 for unpaid sale of

goods. On 10^th March, 2022, this Court issued summons and concurrently

passed an interim order restraining creation of third-party rights on two

properties of the Defendant located in Agra. Upon summons being served, the

Defendant entered appearance in the time stipulated under the provisions of

Order XXXVII of CPC. On 05^th April, 2022, this Court directed for issuance

of summons for judgment to the Defendant in Form 4A of Appendix B of

CPC. In response, Defendant has applied seeking leave to defend the instant

under Order XXXVII Rule 3(5) of CPC raising certain triable issues and

Digitally Signed

By:AKANSHA SINGH

Signing Date:10.12.2023

21:57:16

Signature Not Verified

CS(COMM) 154/2022 Page 2 of 13

certain jurisdictional objecti