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Ge Capital Services India vs Dr K.M. Veerappa Reddy & Ors on 16 October, 2015

10. Placing reliance on the judgement of this Court in Ge Capital Services India v. Dr. K.M. Veerappa Reddy & Ors, 2015 SCC OnLine Del 13007, he submits that suits which claims amount on the basis of balances due at the foot of the account, cannot be treated as one falling under Order XXXVII of the CPC. The entries and statements of account have to be necessarily proved as per Section 34 of the Evidence Act, 1872 for the balance at the foot of the account to be arrived at. He submits that the claim of the plaintiff is also on the basis of the alleged ledger account and, therefore, not maintainable under Order XXXVII of the CPC.
Delhi High Court Cites 4 - Cited by 29 - V J Mehta - Full Document

S.P. Brothers, A Partnership Firm vs Biren Ramesh Kadakia on 27 March, 2008

The same was the ratio in Actal (supra) and in S.P. Brothers (supra). The said judgments would, however, have no application to the facts of the present case. Though deposit of TDS may not act as an acknowledgment of debt by the defendant, it being a payment made by the defendant on account of the plaintiff and on account of a debt, would lead to a fresh period of limitation being computed from the date when the deposit of TDS was made.
Bombay High Court Cites 3 - Cited by 22 - S Kumar - Full Document

M/S. Actal vs M/S. India Infoline Limited on 9 October, 2012

In support, he places reliance on the judgement of this Court in M/s Utility Powertech Limited v. M/s Amit Traders, 2018 SCC OnLine Del 9096, and of the Bombay High Court in S.P. Brothers v. Biren Ramesh Kadakia, 2008 SCC OnLine Bom 1599; Actal v. India Signature Not Verified Digitally Signed By:SUNIL Signing Date:27.04.2023 18:11:31 CS(OS) 479/2018 Page 7 of 23 Neutral Citation Number: 2023:DHC:2773 Infoline Limited, 2013 SCC OnLine Bom 915; and Actal v. India Infoline Limited, 2012 SCC OnLine Bom 1507.
Bombay High Court Cites 22 - Cited by 6 - R D Dhanuka - Full Document

Godhra Electricity Co. Ltd. & Anr vs The State Of Gujarat And Another on 12 September, 1974

In The Godhra Electricity Co. Ltd. & Anr. (Supra), relied upon by the learned senior counsel for the plaintiff, the Supreme Court held that in the process of interpretation of the terms of a Contract, the Court can get an assistance from the conduct of the parties. However, the said judgment would not have an application at the present stage, inasmuch as, the parties are yet to prove their respective conduct, which can be done only when the defendant is granted leave to defend the present suit.
Supreme Court of India Cites 22 - Cited by 132 - K K Mathew - Full Document
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