SAMPARK INDUSTRIES LTD Vs. BALAJI POLYMERS

JUDGEMENT

(1.) THIS is a suit for recovery of Rs.45,84,950/ - under Order 37 of Code of Civil Procedure. The defendant, pursuant to the summons under Order 37 of the Code of Civil Procedure, had filed his appearance within time. Thereafter, summons for judgment was issued. After service of summons for judgment which was accepted by the defendant on 3rd April 2008, the leave to defend application was filed by the defendant.

(2.) LEAVE to defend was returned under objection, however, it was not re -filed despite various opportunities granted to the defendant on CS(OS) No.1539/2007 Page 1 of 5 31st October, 2008, 28th November, 2008. Last opportunity was granted to re -file the application for leave to defend subject to cost of Rs.10,000/ -.

(3.) ON 21st May, 2009 no one had appeared on behalf of defendant nor the cost imposed vide order dated 2nd February, 2009 was paid. Therefore the application of the defendant for leave to defend and Contest Suit being IA No.2289/2009 was dismissed in default and for non -prosecution.