DURA LINE INDIA PRIVATE LIMITED Vs. BPL BROADBAND NETWORK PRIVATE LIMITED

JUDGEMENT

(1.) By IA No. 2294/2002, under Order XXXVII, Rule 3(5] read with Section 151 of the Code of Civil Procedure defendant seeks unconditional leave to contest the suit. Plaintiff M/s. Dura-Line India Pvt. Ltd., formerly known as M/s. Bharti Dura-Line Limited, has instituted the present suit under Order XXXVII. CPC, claiming a sum of Rs. 35,88,620 (Rs. Thirty five lacs eighty eight thousand six hundred twenty only) together with costs. Plaintiff also seeks pendente lite and future interest at the rate of 24 per cent per annum. Upon summons being issued under Order XXXVII CPC, defendant entered appearance accompanied with an application for condonation of delay In entering appearance. Vide order dated 14-2-2002, delay in entering appearance was condoned, Plaintiff took out summons for judgment in response to which the defendant has filed the above application, seeking leave to contest.

(2.) Before considering the grounds urged in support of the application for unconditional leave to contest the suit, the facts in brief as they emerge from the plaint, application and admitted documents may be noted.

(3.) Plaintiffs case in brief is that it is engaged, inter alia, in the business of manufacturing and sale of "Permanently Solid Lubricated Silicore HDPE Telecom Ducts, its associated accessories, tools, cable jet, super get machines etc." Defendant approached the plaintiff and made enquiries regarding the supply of the above products. Plaintiff gave its offer on 22-6-2000, setting out the price and other terms. Plaintiff revised the above offer vide its letter dated 25-10-2000. Defendant in response to the plaintiffs revised offer, issued five purchase orders, detailed as under :