RISHABH BENGANI Vs. JAIDEEP HALWASIYA

JUDGEMENT

(1.) In a suit for recovery of money lent and advanced, the plaintiff seeks judgment and decree on admission for a sum of Rs.2,35,00,000/-.

(2.) Learned Advocate appearing for the plaintiff submits that, the defendant acknowledged the liability by executing balance confirmation and paid Tax Deducted at Source on the same. According to him, the last balance confirmation is for Rs.2 crores. The balance confirmation is upto March 31, 2018. The defendant did not repay the sum of Rs.2 crores despite such balance confirmation. The plaintiff issued a demand notice. The defendant replied thereto denying the liability. He submits that, the defendant has no defence to the claim of the plaintiff.

(3.) Learned Advocate appearing for the defendant submits that, the so-called balance confirmation cannot be construed to be a balance confirmation in view of the fact that the same is undated and the same is claimed to be signed on behalf of the defendant. He submits that, the transaction is actually one of exchange of cash with cheque. The defendant made over cash to the plaintiff and the plaintiff in turn made over the money in cheque. The account, however, was subsequently squared off in 2018. Consequently, the defendant did not execute any further balance confirmation after the account being squared off. Therefore, according to him, a judgment on admission need not be granted.