application. No appeal has been carried out to the knowledge
of the plaintiff.
15. In the light of the above, the plaintiff/petitioner claims
judgment and decree upon admission as prayed for.
DECISION:
16. At the threshold, this Court observes that since after
dismissal of the said Section 8 application by its judgement
dated November 20, 2025, on repeated occasions the instant
application has been called on for consideration as the same
was running in the list continuously. However, none appeared
for the defendant nor any accommodation has been sought
for. Repeated opportunities have been granted to the
defendant as the matter was adjourned from time to time.
Even today none appears for the defendant nor has any
accommodation been sought for.
17. After considering the submissions made on behalf of the
plaintiff/petitioner and on perusal of the materials on record,
it appears to this Court that, the case made out by the
plaintiff in its application, save and except, being baldly and
formally denied in a routined manner, no material has been
produced by the defendant in its affidavit in opposition to
controvert the case made out by the plaintiff for judgment and
decree upon admission.
IA No. GA-COM/3/2024
In CS-COM/652/2024
A.R., J.
18. The documents showing the transactions that the goods were
sold and supplied by the plaintiff to the defendant pursuant to
the purchase order placed by the defendant and the goods
were received by the defendant were not denied by the
defendant with any cogent defence and/or supported
material, as would be evident from the affidavit in opposition.
On the contrary, through its reply dated September 28, 2022
at page 99 to the application in reply to the demand notice of
the plaintiff dated November 30, 2022, the defendant
categorically and specifically has admitted that a sum of
Rs.67,43,755/- was outstanding and payable by the
defendant to the plaintiff. This is a pre suit admission.
19. Further, under the e-mail dated June 28, 2024 at page 127
to the application, the defendant has admitted that as per its
books of accounts the plaintiff had a debit balance of
Rs.60,28,755.68/- as on June 28, 2024 and in support the
ledger account of the plaintiff at page 128 to the application,
shows the exact figure.
20. On reading the averment made in paragraphs 27 and 28
from the affidavit in opposition filed by the defendant, it
appears to this Court that, save and except routined and bald
denial there is no material denial of the claim of the plaintiff,
neither any evidence far to speak of cogent evidence has been
produced by the defendant in its affidavit in opposition to
IA No. GA-COM/3/2024
In CS-COM/652/2024
A.R., J.
controvert the claim of the petitioner or to deny the admission
made by the defendant to the extent of its liability, as
narrated above.
21. The law is well settled that if on the basis of available
materials, the Court finds that the defendant has admitted
specifically, unequivocally and unambiguously the claim of
the plaintiff in the intra party correspondence exchanged
contemporaneously or in the pleading filed by the parties or
otherwise, and if the Court is of the view that the admission is
unequivocal and crystal clear, the Court may proceed to
deliver judgment and decree upon admission.
22. On a scrutiny of the material available before this Court, as
already discussed above, this Court is of the firm and
considered view that the defendant has admitted
Rs.67,43,755/- in its said reply dated September 28, 2022,
which is a pre-suit admission which is corroborated from the
e-mail of the defendant dated January 31, 2023 at page 105
of the application and thereafter through the e-mail dated
June 28, 2024, as per its books of accounts, to the extent of
Rs.60,28,755.68, as would be evident from page 127 of the
application. Admission in the books of accounts and ledger
account are sufficient admission of liability. In the instant
case the admission of liability by the defendant is clear and
unequivocal.
IA No. GA-COM/3/2024
In CS-COM/652/2024
A.R., J.
23. The principal claim in the plaint is for a sum of
Rs.76,69,374/-. The relief by way of judgment and decree
upon admission is also discretionary relief and the discretion
is left with the Court.
24. In view of the foregoing discussion and reasons, there shall be
a decree on account of principal sum for Rs.60,28,755.68
against the defendant. The balance claim of the plaintiff on
account of principal along with entire interest, as claimed by
the plaintiff, in the plaint shall stand for trial.
25. The instant suit, CS-COM 652 of 2024 is partly decreed on
account of the principal claim of the plaintiff for a sum of
Rs.60,28,755.68 and the balance claim of the plaintiff on
account of principal along with interest stands for trial.
26. It is made clear that this decree will be restricted for the part
of the principal amount and not on account of any interest, as
claimed by the plaintiff.
27. The decree shall be drawn up and completed expeditiously.
28. With the above observations and directions, the instant
application, IA GA-COM 3 of 2024 stands allowed, without
any order as to costs and the suit stands partly decreed
accordingly.
(ANIRUDDHA ROY, J.)
nm.
IA No. GA-COM/3/2024
In CS-COM/652/2024
A.R., J.
