Soumen Sen, J. - (1.) The application for summary judgment and the application for leave to defend are taken up together and disposed of by this common order.
(2.) The plaintiff has filed a suit under order 37 of the Code of Civil Procedure for recovery of a sum of Rs.75,75,140/- on the basis of a dishonoured cheque for Rs.72,48,938/- purported to have been issued by the defendant in favour of the plaintiff towards the balance price of the goods sold and delivered by the defendant to the plaintiff. After filing of the suit the plaintiff has taken out an application in GA No.1955 of 2017 for a summary decree for the aforesaid sum. Upon service of summons the defendant had taken out an application being GA No.2028 of 2017 for leave to defend.
(3.) Both the applications are taken up for consideration.;