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TMI Blog2018 (1) TMI 1561X X X X Extracts X X X X X X X X Extracts X X X X ..... e case that it carried to the interlocutory Court, no judgment on admission could have been passed. Accordingly, the judgment and decree dated September 20, 2017 impugned herein is set aside and the plaintiff is left free to pursue the plaintiff's remedies in accordance with law. Application disposed off. - GA No.3872 of 2017, APD No.3 of 2017, In CS No.290 of 2016, OCO No.10 of 2017 - - - Dated:- 3-1-2018 - Sanjib Banerjee And Sabyasachi Bhattacharyya, JJ. Appearance: Mr. S. N. Mitra, Mr. Debdut Mukherjee, Ms. Arunima Lala Sengupta, Ms. Pritha Basu, Mr. Jishnu Chowdhury, Mr. S. Ghose, Mr. S. K. Singhi, Ms. Riti Basu, Mr. Subhadeep Basak, The Court : The appeal and the cross-objection arise out of an order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaintiff to furnish a statement of accounts with supporting documents in respect of the entire transactions between the parties for the previous three years. The appellant suggests that since such letter of August 13, 2016 was issued to and received by the plaintiff prior to the deposit of the two cheques by the plaintiff, it was incumbent on the plaintiff to either counter the contents of such letter or furnish the fullest accounts before purporting to deposit the cheques for encashment. The appellant claims that there was an executive at the Bangalore office of the appellant who had played ball with the plaintiff to facilitate an undeserving claim being made by the plaintiff. It is the further case of the appellant that on the instruc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed accounts of August 2, 2016. It is elementary that when a suitor seeks a judgment on admission, there is no real adjudication that is undertaken by the Court. There has to be a clear admission to begin with, which the defendant has a chance to explain 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 the present case, paragraphs 6 and 14 of the petition carried to the interlocutory Court merely relied on the cheques and the confirmed accounts and sought judgment on admission on the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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