acknowledgement of debt as follows:
“9. In support of the contention that the balance-sheets do not
amount to acknowledgements of liability, because they were ... Ayling J. said, “Liability can only signify
present liability at the time of acknowledgement and this is
clearly laid down in Venkata v. Parthasaradhi
declared NPA on 01.12.2008.
(xii) Even assuming the Corporate Debtor had acknowledged liability,
the last letter of acknowledgment was written in April 2013. The
period ... bring on record
any acknowledgment in writing by the ‘Corporate Debtor’ or
its authorised person acknowledging the liability in respect of
debt. The Books
that the alleged acknowledgement of Rs. 26,000/-by the defendants was not correct. The defendants alleged that they acknowledged liability for Rs. 2600/-being ... intrinsic evidence to nullify the plaintiffs' version that the defendants acknowledged liability for Rs. 26,000/-. On behalf of the plaintiffs there were three
amount to acknowledgement. In other words, a writing,
to be treated as an acknowledgement of liability should consciously admit
his liability to pay or admit ... which was not
the subject matter of acknowledgement. What can be acknowledged is a
present subsisting liability. An acknowledgment made with reference to a
liability
communications were sent without prejudice and
cannot be read as an acknowledgment of liability as such. The
communication dated 8.12.2018, therefore, will ... manner provided in the Limitation Act . For
example, an acknowledgment of liability under
Section 18 of the Limitation Act would certainly
extend the limitation period
some kind of
acknowledgement", its author, the said Subramanayam, bad no
authority to acknowledge any debt or liability on behalf of
the corporation ... acknowledgement. Such an admission is
not subject to the condition that before the agreement
should operate as an acknowledgement, the liability must be
ascertained
writing signed by the party as an acknowledgement, the person acknowledging must be conscious of his liability and the commitment should be made towards that ... essentials of acknowledgement thereunder and observed that acknowledgement as prescribed by Section 19 was a mere acknowledgement of the liability in respect of the right
since the loan facility was extended in February
2015, the respondent acknowledged the liability and its default in all
its year to year audited financial ... liability though the exact
nature or the specific character of the said liability may not
be indicated in words. Words used in the acknowledgment
must
made available for issuing Demand Drafts. Thus,
the appellant clearly acknowledged liability; and
(ii) Even otherwise, the execution application has been filed by the Custodian ... appellant‟s letter dated 22 February 2018 does not acknowledge
liability, but, in substance, is only a „without prejudice‟ offer
without prejudice" basis and,
therefore, amounts to an unequivocal acknowledgement of
liability of the Corporate Debtor. A reading of the documents
above reveals that ... acknowledgment of the debt, from time to time, for
institution of the proceedings under Section 7 IBC. Further,
the acknowledgment must be of a liability
