U.T. OF J&K Vs. VIJAY BAJYAL

JUDGEMENT

(1.) The appeal in terms of Sec. 13 of Commercial Courts Act, 2015 has been preferred by the appellants against the judgment and decree dtd. 25/2/2022 (amended decree dtd. 1/4/2022), whereby the suit filed by the respondent for recovery of an amount of Rs.6,79,000.00 (Six Lacs Seventy Nine Thousand only) as cost of remaining works and Rs.1,50,000.00 (One Lac Fifty Thousand only) as security deposit, has been decreed by the learned Commercial Court, Jammu (hereinafter to be referred as 'the trial court') along with interest @ 6% pendente lite and future, till realization of the decretal amount.

(2.) The appellants have assailed the aforesaid judgment and decree on the ground that the learned trial court has wrongly passed the judgment and decree impugned on the alleged admission of the appellants, as the written statement filed by the appellant No. 3 was very clear and it was stated in categoric terms that payment of the respondent would be released after completion of certain formalities. It is also urged by the appellants that issues were required to be struck in view of categoric stand of the appellant No. 3 and without permitting the appellants to lead evidence, the judgment and decree impugned has been passed on the application filed by the respondent under Order 12 Rule 6 CPC. It is also stated that the appellants were not afforded any opportunity to object the said application and they have been condemned un-heard.

(3.) Mr. K. D. S. Kotwal, learned Dy. AG vehemently argued that there was no admission on the part of the appellants in respect of payment claimed by the respondent and the learned trial court has erred in law by passing the judgment and decree on admission which in fact was never there.