DEEPAYAN MOHANTY Vs. CARGILL INDIA PVT LTD

JUDGEMENT

(1.) The present application has been filed on behalf of the defendants seeking condonation of delay in filing of their written statements.

(2.) The present summary suit has been filed under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) seeking recovery of Rs.3,25,56,496.00 along with future and pendente lite interest.

(3.) Vide judgment dtd. 3/8/2018, the Single Judge of this Court dismissed the application of the defendants for grant of leave to defend and the suit was decreed. The said judgment was challenged by the defendants before a Division Bench of this Court in RFA(OS) 72/2018, whereby vide judgment dtd. 9/12/2019, the defendants were granted conditional leave to defend. The condition was for the defendants to deposit a sum of Rs.3,25,56,496.00 within eight weeks from the said date. Before the expiry of the said period of eight weeks, the defendants filed a Special Leave Petition before the Supreme Court, being SLP(C) No.2553/2020, challenging the judgment dtd. 9/12/2019 to the extent it required the deposit of the aforesaid amount by the defendants. The Supreme Court vide order dtd. 31/1/2020, while issuing notice in the SLP, stayed the deposit of the aforesaid amount.