Calcutta High Court
Elite Interiors Pvt. Ltd vs Oriental Nicco Projects Pvt. Ltd on 1 August, 2018
Equivalent citations: AIRONLINE 2018 CAL 813
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.1981 of 2018
With
CS No.248 of 2017
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
ELITE INTERIORS PVT. LTD.
Versus
ORIENTAL NICCO PROJECTS PVT. LTD.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 1st August, 2018.
Appearance:
Mr. Samrat Sen, Adv.
Mr. R.L. Mitra, Adv.
Mr. Arik Banerjee, Adv.
Mr. Rajib Banerjee, Adv.
Mr. Rakesh Sarkar, Adv.
The Court : This is an application for judgment upon admission. The judgment upon admission is based on a communication dated 3rd February, 2017 in which in the last but one paragraph of the letter the defendant appears to have agreed to pay a sum of Rs.7,65,052/- as full and final payment against the total work done by the plaintiff at the defendant's IT Lagoon office against the work order no.ONPPL/WO/15-16/GN/001 dated 22nd June, 2015. The plaintiff can only claim a judgment upon admission provided the plaintiff accepts the said amount as full and final payment against the total work and not otherwise. The plaintiff has filed a suit claiming an amount much in excess of the suit sum. The defendant has not only filed a written statement but the defendant has made a counter-claim and has paid court fees of such counter-claim. On such consideration, it cannot be said that there is an unequivocal admission of liability. 2 The admission was conditional upon as it appears from the tenure of the letter that the plaintiff may not have any claim against the defendant. The plaintiff having now made the claim. At this stage it cannot be said that there is an unequivocal admission on the basis of which the Court can pass a decree for judgment upon admission.
Under such circumstances, this application fails.
It is made clear that the observation made in this order shall not be construed as a final determination on the issue and it is only limited for the purpose of disposing of this application.
The hearing of the suit is expedited. The plaintiff has prayed for direction to file additional pleading consequent upon the counter-claim filed by the defendant. The additional pleading shall be filed within two weeks from date. There shall be an order for cross discovery within two weeks thereafter and inspection shall be offered within a week thereafter. The plaintiff shall prepare a comprehensive Judge's Brief of document with proper index and supply a copy thereof upon the defendant upon usual terms.
Since no affidavit-in-opposition is called for allegations made in the petition are deemed to have been denied.
(SOUMEN SEN, J.) B.Pal