DENTSPLY INDIA PRIVATE LIMITED Vs. EXCEL INTERNATIONAL

JUDGEMENT

(1.) This is an application on behalf of the defendants under Order XXXVII Rule 3(5) Civil Procedure Code for granting leave to defend in the above suit filed under Order XXXVII Civil Procedure Code by the plaintiff-M/s Dentsply India Pvt. Ltd.

(2.) The suit, filed on behalf of the plaintiff avers as follows;

(3.) The defendants have filed the present application, IA.3759/99 under Order XXXVII Rule 3(5) Civil Procedure Code for leave to defend and in the affidavits filed on behalf of defendants 2,3 & 4(Registered Partners of Defendant No.l) in support of the said application, the defendants while generally denying the averments and claims in the plaint have sought unconditional leave to defend the suit inter-alia on the following grounds:-