Severn Trent Water Purification Inc vs Chloro Controls (India ) Pvt. Ltd on 18 December, 2014
In M.X. Advertising v Surya Hot-Sip
Tea Co. (P) Ltd.14, Dr. D. Y. Chandrachud J, as he then was,
considered a similar argument. There, liability was held to be
admitted by the issue of a cheque, a balance confirmation and part
payment. In that situation, the Court held, it could not be said that
the petition would not lie because moneys were claimed at the foot
of an account. In the present case, too, though there may have been
cross-entries and transactions in parallel, Kocha's admissions are
clear and unambiguous. It is of little assistance to the company to
contend that they are in some 'context', and that all that Kocha
offered was a contingent proposal for settlement not an admission of
liability. It is difficult to see the admissions in any such manner.