RAMESH CO. Vs. KOSC INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) In a suit for recovery of price of goods sold and delivered, the plaintiff seeks decree for judgement on admission and interim protection.

(2.) Learned Senior Advocate appearing for the plaintiff submits that, the defendant from time to time acknowledged its liability to the plaintiff. He refers to pages 76 to 78 of the petition. He submits that, the liability of the defendant stands acknowledged therein. He draws the attention of the Court to the fact that, in response to notice given under Sec. 8 of the Insolvency and Bankruptcy Code, 2016, the defendant denied its liability and the execution of the balance confirmation. He contends that, the falsity of such contention can be established from the fact that, the defendant sent a balance confirmation to the plaintiff by an electronic mail. He seeks leave to file supplementary affidavit annexing the balance confirmation attached to the electronic mail that the defendant forwarded to the plaintiff contemporaneously.

(3.) Supplementary affidavit filed in Court be taken on record. Prima facie, it appears that the defendant owes money to the plaintiff. The plaintiff expresses an apprehension that the defendant will create third party interest over and in respect of the assets of the defendant unless restrained.