AKSH OPTIFIBRE LIMITED Vs. EVONIK DEGUSSA GMBH

JUDGEMENT

(1.) ADMIT . With the consent of the parties, the appeal is taken up for final hearing.

(2.) THIS is an appeal against the order of the learned single Judge granting the appellant (original defendant) leave to defend the suit filed by the respondent subject to its depositing the rupee equivalent to Euros 11,37,866.30 at the rate as may be applicable on the date of such deposit within eight weeks.

(3.) THERE is no dispute that the respondent delivered the goods of the requisite quality and quantity to the appellant. The appellant admits receipt thereof upon negotiation of the documents including fifteen invoices. The appellant however paid only Euros 67,400 leaving the balance amount claimed in the suit. On merits therefore, there is little if anything to be said in favour of the appellant. Mr. Samdani, the learned senior counsel appearing on behalf of the appellant however, raised three defences.