9911796707
TMI Blog2020 (2) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing for the plaintiff submits that, pursuant to orders placed by the defendant from time to time the plaintiff sold and delivered diverse goods to the defendant. The plaintiff from time to time raised invoices upon the defendant. The goods and the invoices of the plaintiff were accepted without any demur. The defendant made on account of payments from time to time to the plaintiff. The parties prepared statement of accounts of the transactions and confirmed the outstanding at the end of the Financial Year. He draws the attention of the Court to the confirmation of accounts executed by the parties dated April 1, 2016, April 1, 2017 and April 1, 2018. He submits that, by the confirmation of accounts stated in April 1, 2018, the defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that were of inferior quality. Therefore, he submits that, the defence sought to be taken by the defendant should not be countenanced. Learned advocate appearing for the defendant submits that, the plaintiff initiated a proceeding under Section 9 of the Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Kolkata against the defendant on the basis of the selfsame transactions. The same is yet to be finally adjudicated. Learned counsel appearing for the defendant referring to the balance acknowledgements, submits that, the admission can be explained by the defendant. In an application for judgment on admission, the defendant is entitled to explain the admissions. He relies upon 2018 OnLine Cal 456 (Scope Vinco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain away. The extent of the adjudicatory exercise undertaken by a court is to assess whether the explanation is good enough for the admission to be doubted or displaced. However, the admission has to be evident from a document or the like issued by the person against whom the judgment is sought." In Scope Vincom Industries Pvt. Ltd. (supra), the Division Bench, after noticing the facts in that case, found that, there was no unconditional acknowledgement of liability to pass a judgment and decree on admission. It found that documents disclosed by the plaintiff itself destroyed the so-called admission of the defendant. In the facts of the present case there are three acknowledgements of accounts dated April 1, 2016, April 1, 2017 and Apri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in favour of the plaintiff to establish that, the supplies were received unconditionally, the invoices raised by the plaintiff were also received unconditionally and that, the defendant made part payments to the plaintiff in part discharge of their liability. Unlike the facts in Scope Vincom Industries Pvt. Ltd. (supra) there is no contemporaneous document on record to discredit the claim of the plaintiff or destroy it. It is the contention of the defendant that there is an issue of forgery which is required to be decided before a judgment and decree on admission can be passed. In a suit for recovery of price of goods sold and delivered and in an application for judgment and decree on admission therein, a defendant can set up a defence of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ril 1, 2018 as reflected by the confirmation of account dated August 11, 2018 are not denied and disputed by the parties. In such circumstances, it would be appropriate to take into account the transactions reflected in the confirmation of account dated August 11, 2018 while deciding the issue on the quantum of decree that may be passed in favour of the plaintiff. The confirmation of account dated August 11, 2018 shows an outstanding amount of Rs. 5,79,58,608/-due and payable by the defendant to the plaintiff. In such circumstances, there will be a judgment and decree upon admission for a sum of Rs. 5,79,58,608/- as against the defendant. There being no prayer for interest, the same is kept open to be decided at the suit. Learned advo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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