Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM) 1503/23
Anu Products Ltd Vs. Beant Singh
20.11.2024
Present:- Sh. Subhash Singh, Advocate for plaintiff.
Sh. Ravinder Shukla, Advocate for defendant.
It submitted by learned Sh. Subhash that an
application under order XIII-A of The Commercial Courts Act for
passing partial decree on admissions is pending disposal.
Arguments on application heard.
The present suit for recovery of Rs.29,68,534/- has
been filed by the plaintiff alleging that he supplied the goods to
the defendant but defendant failed to liquidate its liability towards
price of the goods purchased. In para no.2 of preliminary
objections of written statement, defendant stated
“That the
defendant is liable to pay only Rs.10 lakh to the plaintiff which
the defendant is ready to pay in installments”.
In the other paragraphs of written statement there is
nothing as to why this payment of Rs.10.00 lakhs is not made by
the defendant. Rather in para no.8 in report on merits, defendant
against stated
“It is submitted that the defendant never denied for
the payment of Rs.10,00,000/- for which the defendant is liable”.
In the facts and circumstances, it is rightly submitted
by learned Sh. Subhash that there is categorical admission of
liability of Rs.10.00 lakhs by the defendant. In the facts and
circumstances, a decree on admission for an amount of Rs.10.00
lakhs (Rupees ten lakhs only) is passed in favour of plaintiff and
against the defendnat.
At request of learned Sh. Subhash, defendant is
permitted to pay the decreetal amount within 05 installments of
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Rs.2.00 lakhs (Rupees two lakhs only) each payable on or before
15th day of every month commencing w.e.f. December 2024.
Hence, the entire payment be cleared by the defendant uptill
15.04.2025 in five monthly installments of Rs.2.00 lakhs each.
Decree sheet be drawn accordingly.
Affidavit of admission/denial of documents be filed
by defendant.
Matter be put up for framing of issues,
admission/denial of documents and case management hearing on
27.01.2025.
(Ajay Pandey)
District Judge (Commercial Court-10)
Central, Tis Hazari,20.11.2024
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