LALLAN SHAH Vs. BAJRANG GOYAL

JUDGEMENT

(1.) This is an application filed by the defendant under Sec. XXXVII CPC seeking leave to defend the present suit.

(2.) The plaintiff has filed the present suit for recovery of Rs. 26,01,902/ -. The plaintiff is said to be a proprietorship concern dealing with scrap material/goods. It is averred that the defendant started dealing with the plaintiff by purchasing iron scrap in the month of August, 2011 by making cash payment. In the first week of November 2011, defendant purchased mixed iron scrap commonly known as Laddu Maal weighing 84.94 tons. Delivery of the said product i.e. mixed iron scrap was taken by the defendant from the plaintiff directly from the weigh -bridges situated at Village Matiala, New Delhi in the vicinity of the plaintiff's godown. Supply was given on various dates between 10.11.2011 to 21.11.2011. The defendant instead of making payment in cash, on 21.11.2011 issued a post dated cheque for Rs. 23,02,796 No. 351767 dated 06.12.2011 drawn on State Bank of Patiala in the name of Krishna Trading Company, the proprietary concern of the plaintiff. On the request of the defendant, the cheque was presented on 7.1.2012. The cheque was returned unpaid by the defendant's bankers with the remarks "Funds Insufficient". The plaintiff sent a legal notice dated 14.01.2012. Despite receipt of the notice, the defendant has not responded. Hence the present suit.

(3.) Learned counsel appearing for the defendant raised the following grounds to seek leave to defend: