(1.) The plaintiff filed the captioned suit for recovery of Rs.4,96,00,000.00along with interest @ 9% per annum from 20/8/2014. The suit has been filed on the basis of two agreements dtd. 23/3/2013 and 20/8/2014.
(2.) Present application has been filed by the applicant/defendant under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 seeking grant of leave to defend the suit.
(3.) It is averred in the present application that the suit does not fall within the ambit of Order XXXVII CPC and it does not fall in any of the classes/ category as envisaged in clause (2) of Rule (1), of Order XXXVII CPC.