(1.) Heard learned advocate Mr.Pratik Bhatia for the petitioner and learned advocate Mr.Kunal Shah for the respondent, at length.
(2.) The challenge in this Special Civil Application is directed against order dtd. 14/9/2021 passed below Exhibit 17 application by learned Principal Senior Civil Judge, Commercial Court, Vadodara in Commercial Civil Suit No.144 of 2019. Thereby, the court rejected the application of the petitioner for leave to defend. The merit were not gone into by the court, however on the ground that there was delay in giving the leave to defend application and that the same was not accompanied by plausible explanation for delay, the application for leave to defend was required to be rejected.
(3.) Narrating the facts in nutshell, the respondent herein- original plaintiff instituted Summary Suit No.15 of 2012 against the petitioner- defendant on 8/2/2012 before the court at Vadodara for recovery of Rs.8,38,626.00 with interest. It was the case pleaded that the petitioner had approached the plaintiff for purchasing Redimix Concrete material for its project. As per the purchase order dtd. 15/2/2009, though the delivery was made, the petitioner failed to make outstanding payments as per the invoices made.