IFCI FACTORS LTD Vs. VASUDEV RAO

JUDGEMENT

(1.) IT is trite that a liquidated demand has to be concerning an amount which can be made certain by mathematical calculations from factors which are or ought to be in possession or knowledge of the party to be charged. It must thus exclude demands which need to be quantified after determining disputed facts.

(2.) KEEPING in view the aforesaid principle of law, we see no reason to interfere with the impugned order dated March 21, 2014 whereunder it has been held that appellant's suit is not maintainable under Order XXXVII of the Code of Civil Procedure.

(3.) THE learned Single Judge has correctly opined that being based on a statement of account the suit is not one for recovery of a liquidated demand.