DEFIANCE KNITTING INDUSTRIES PVT LTD Vs. JAY ARTS

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgement rendered by a learned Single Judge of the Bombay High Court dismissing the writ petition No. 2521 of 2005 filed by the appellant. By the impugned judgement the High Court upheld the view of the trial court in Summary Suit No. 10 of 2001 that the appellant has not made out a case for unconditional leave to defend in terms of Or. 37 R. 2 of the Code of Civil Procedure, 1908, (in short the 'CPC').

(3.) The factual background in a nutshell are as follows: