The captioned writ petition is filed by the

defendants feeling aggrieved by the order of the

learned Judge in refusing to grant leave to defend the

suit before the IV Additional District Judge and

Commercial Court, D.K., Mangaluru.

2.

The facts leading to the case are as under:

The respondents-plaintiffs have instituted a

recovery suit against the present petitioners. Plaintiffs

allege that the present petitioners have entered into

business

arrangements

with

second

respondent-

plaintiff wherein the present petitioners collectively

placed orders and entered into sales contracts for

2000 MT of dried raw cashew nuts. The respondents-

plaintiffs have specifically alleged at Para 8 of the

plaint that the present petitioners have failed to

arrange necessary funds to clear the dues and duties

4

and failed to collect the consignment and as a

consequence, the shipping company and the port

authority has levied demurrage and retention charges

against the consignment. Plaintiff alleges that the

present petitioners have paid only for 631.65 MT

under the original payment terms of cash against

document. In relation to balance amount, it is alleged

that petitioners requested the second responde