SCJ PLASTICS LTD Vs. CREATIVE WARES LTD

JUDGEMENT

(1.) THIS is an application filed by the plaintiff for decreeing the suit under Order 12 Rule 6 CPC on account of admissions made by the defendant in judicial proceedings viz before the Board for Industrial and Financial Reconstruction (BIFR) categorically bringing out that the debts/amounts are payable to the plaintiff and which are the subject matter of the present suit.

(2.) THE facts of the case are that the plaintiff filed the subject suit for recovery of Rs.36,06,238/- being the principal amount and interest payable thereon with effect from 1.4.2002. The amount is claimed to be due with respect to goods sold by the plaintiff to the defendant namely "Master Batches", being raw material which is used for preparing packaging material.

(3.) THE aforesaid denial is no denial of the factum that in fact in judicial proceedings being the BIFR proceedings, there was categorical admission of liability to be paid by the defendant to the plaintiff of an amount of Rs.23,81,613.80 as on 30.9.2001, and which admission is based on the books of accounts of the defendant. That the plaintiff is shown in the list of creditors of the defendant has not and could not be denied in the reply to this application under Order 12 Rule 6 CPC. A general denial is no denial in the eye of law. If the defendant was stating allegedly the correct facts it would have filed the list of creditors and the books of accounts in this Court and which have not been filed for obvious reason that the same admit amounts due towards the plaintiff.