SRL LIMITED Vs. TECHTREK INDIA LIMITED

JUDGEMENT

(1.) The Notice of Motion is for a decree on admission under Order XII Rule 6 of the Code of Civil Procedure, for a sum of Rs.1,58,54,200/-. The admissions are said to be contained in various communications of the Defendant outside the pleadings.

(2.) The Plaintiff's case in the suit may be briefly stated thus. The Plaintiff and the Defendant entered into leave and licence agreements, under which the Plaintiff took on licence various floors of the building owned by the Defendant. The Plaintiff had kept interest free security deposits with the Defendant aggregating to Rs.1,78,54,200/- under these agreements. The Plaintiff returned the possession of the licensed premises to the Defendant. The security deposits aggregating to Rs.1,78,54,200/- were agreed to be refunded according to a payment schedule given on 6 April 2010. The Defendant refunded a sum of Rs.20,00,000/- from out of the said security deposits, but failed to refund the balance. The cheques issued by the Defendant towards such refund were dishonoured. The balance amount of Rs.1,58,54,200/- is sought to be recovered in the present suit with interest.

(3.) The Plaintiff relies on the following admissions of the Defendant in support of its application for a decree on admission :