ARTISANS GUILD Vs. TIRUPATI CONSTWELL PVT. LTD.

JUDGEMENT

(1.) IA No. 8730/2012 (u/O 37 R 3 CPC)

(2.) THIS is an application under Order 37 Rule 3 CPC filed by the defendant for leave to defend.

(3.) THE defendant in its application for leave to defend has essentially made two submissions. He has relied on various documents to contend that as per the vouchers more than Rs. 49 lacs has been paid to the plaintiff which vouchers are duly signed by the plaintiff. It is averred that in fact the defendant is entitled to a refund of Rs. 23 lacs from the plaintiff for excess payment made.