M/S K R Impex v. M/S Punj Lloyd Ltd.
Case brief
What is this about?
The Court disposed of a commercial suit by granting a decree on admissions. Relying on the defendant's own ledger showing a payable balance of Rs.1.69 crore, the judge held the defendant estopped from denying the debt and awarded recovery with pre-suit and future interest.
What did the court decide?
Decree passed for recovery of Rs.1,69,73,766/- along with interest @ 12% per annum from 01/11/2013 to 13/05/2016 and @ 10% per annum thereafter; costs awarded.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Date of decision: 8th January, 2019
+ CS(COMM) 646/2016
K R IMPEX ..... Plaintiff
Through: Mr. Medhanshu Tripathi & Mr. Harish Sharma, Advs.
Versus
PUNJ LLOYD LTD ..... Defendant
Through: Mr. Shadman Ali, Adv.
CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
IA No.2730/2018 (of the plaintiff under Order XI Rule 14 CPC)
- The counsel for the plaintiff states that the defendant, along with its reply to the said application has produced some of the documents of which production was sought and the plaintiff for the time being is satisfied therewith and reserving its right to rely upon the documents so produced, for the time being does not press any further relief in this application.
Issues for consideration
3 issues framed by the court
Whether a decree can be passed on admissions in a commercial suit filed under Order XII Rule 6 CPC even after issues have been framed.
Whether a defendant corpus or books of accounts constitute an admission of liability that cannot be withdrawn by leading contrary evidence.
Whether pre-suit interest is payable on the admitted amount at a reasonable rate.
Coram
Rajiv Sahai Endlaw
Case details
As recorded by the court registry
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