9911796707
TMI Blog1997 (5) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... 67904 Adamov, Czech Republic, the petitioner in 1982 entered into an agreement for manufacture, use, assemble and sale of one colour offset printing machines which expired in 1990. In the year 1986, during the subsistence of the previous agreement, the petitioner entered into another agreement with the said respondent for manufacture, use, assemble and sale of two colour offset printing machines which is due to expire in July, 1994. During the year, 1992, by virtue of a privatisation process, the original Adast Company at Adamov was divided into three entity independent companies........ After filing of the aforesaid petition with the aforesaid contentions therein, the respondent No. 2 has filed its written statement. Thereafter, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding to the learned Counsel, if such admission is allowed to be withdrawn, the same would change the nature and scope of the entire case and thereby would affect the rights of the respondents to defend. (3) I have heard the learned Counsel appearing for the parties. The Counsel drew my attention to various decisions of this Court as also of the Supreme Court on the law relating to amendment of plaint and written statement. Reference has been made to the decision of the Supreme Court in Panchdeo Narain Srivastava v. Kum. Jyoti Sahay, AIR1983SC462 and Akshaya Restaurant v. P. Anjanappa Another, reported in AIR1995SC1498 . In Panchdeo Narain Srivastava (supra), it is held by the Supreme Court that any admission made by a party may be wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ten statement, a definite stand was taken with regard to an agreement stating that the agreement was for sale. Subsequently, however, in the application for amendment, it was sought to be modified that it was not an agreement for sale. (4) My attention was also drawn to a Division Bench decision of this Court in Sh. Mahinder Singh v. Smt. Iqbal Kaur Others, reported in 1995 Iii Ad (Delhi) 760. In the said case, the Division Bench considered the ratio of Panchdeo Narain Srivastava and a few others Supreme Court decisions and held that the admission sought to be withdrawn and inconsistent plea sought to be introduced could not be attributed to any inadvertent error or admission. In the said case, it was found by the Division Bench of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adings could also be explained away. (7) In the facts and circumstances of the present case, however, I find that the petitioner earlier entered into agreements with Zavody Vseobecneho Strojirenstvi (hereinafter referred to as ZVS) in the year 1982 and thereafter again 1986 in the form of two agreements and thereafter again in 1992. The date of coming into force of each of the said agreements has also been defined in the said agreements itself. Being aware of the effective date of the agreements, the petitioner made a statement that the agreements stood expired in July, 1994. Subsequently, the petitioner filed an arbitration petition registered as AA 82 / 96 and when the respondent in the said case pointed out and relied upon the stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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