SCOPE VINCOM INDUSTRIES PRIVATE LIMITED Vs. SITARAM SULTANIA

JUDGEMENT

(1.) The Court : The appeal and the cross-objection arise out of an order dated September 20, 2017 for judgment on admission to the extent of Rs. 1,67,45,446/-.

(2.) The claim of the respondent-plaintiff was on account of balance price of goods sold and delivered. For obtaining a judgment on admission, the plaintiff relied on two cheques of September, 2016 of a total value of Rs. 2,26,02,396/-. In addition, the plaintiff relied on the confirmation of accounts, inter alia, for the financial year ended March 31, 2016 and for the period April 1, 2016 to August 1, 2016. According to the accounts confirmed by the appellant herein, a sum of Rs. 2,32,77,237/- was apparently due to the plaintiff as at March 31, 2016 and such amount stood reduced to Rs. 2,26,02,396/- as at August 1, 2016 after taking into account certain subsequent supplies effected by the plaintiff and the payments made in the interregnum by the appellant herein. The endeavour of the plaintiff, by relying on the accounts for the aforesaid two periods, was to demonstrate that the figure of Rs. 2,26,02,396/-, tallied with the total value of the two cheques issued to it by the appellant on a subsequent date.

(3.) It appears that prior to the two cheques being issued by the appellant to the plaintiff, a letter was issued to the plaintiff on August 13, 2016 wherein the appellant claimed that some of its executives had colluded with its suppliers and committed acts of financial impropriety. Though no specific allegations were levelled against the plaintiff, the appellant requested the plaintiff to furnish a statement of accounts with supporting documents in respect of the entire transactions between the parties for the previous three years.