ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Having noted the averments made in paragraphs 7, 8, 13 and 20 of the application for obtaining leave to defend filed on behalf of the defendant – petitioner herein under Order XXXVII Rule 5(3) of the Civil Procedure Code, 1908, we find that the transaction of Rs.5,00,000/- between the parties on 25.1.2018 through Kotak Mahindra Bank A/c. No.3011685297 is admitted. As per the contention of the defendant in the application seeking leave to defend, the petitioner had entrusted the work of installation of machinery already purchased by it from other vendors/suppliers, to the plaintiff herein and had thus paid an amount of Rs.5,00,000/- on 25.1.2018. It is sought to be stated therein that the said payment made by the defendant to the plaintiff is shown as payment received against fake invoices raised by the plaintiff. The submission, thus, is that the invoices generated by the plaintiff, relied by the Commercial Court to establish the supply made by the plaintiff to the defendant, are fake invoices. 2. As against this statement, the stand of the plaintiff is that Rs.5,00,000/- paid by the defendant was advance to