ENGINEERING PROJECTS INDIA LIMITED Vs. SQUARE FOUR ASSETS MANAGEMENT AND RECONSTRUCTION COMPANY PRIVATE LIMITED

JUDGEMENT

(1.) Both the appeal and the cross objection are filed by the respective parties assailing a common judgment dtd. 3/11/2022 by which an application under Order XII Rule 6 of the Code of Civil Procedure was allowed.

(2.) By the impugned order, the Trial Court has held that there is a clear admission on the part of the applicant with regard to a sum of Rs.16,01,89,691.00 and Rs.12,89,18,790.00 and further directed to pay an interest at the rate of 18% from 1/10/2020 to 15/4/2022 within six weeks from the date of the judgment.

(3.) At the very outset we must record that the findings rendered in the impugned order espounding the law relating to the provisions contained under Order XII Rule 6 of the Code of Civil Procedure is sought to be challenged by the plaintiffs/respondents treating the same to be erroneous which also perceived by us to be so. We are unable to comprehend the proposition of law laid down in the impugned judgment and arriving at the conclusion, which in our opinion are mutually destructive.