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Il And Fs Financial Services Limited ... vs Kohinoor Realty Management Private ... on 3 May, 2023
cites
Mrs. Vijay Gupta And Ors. vs Sh. Ashok Kumar Gupta on 1 March, 2007
28. To bolster up the aforesaid submission, Dr. Tulzapurkar
placed reliance on the judgment of the Delhi High Court in the case
of Vijay Gupta and Others vs. Ashok Kumar Gupta 2 and Karnataka
High Court in the case of Raj A. menda and Others vs. M/s. Rani
Rasamani Real Estate and Others3. The circumstances, in which a
decree on an admission can be justifiably passed under Order XII
Rule 6 of the Code of Civil Procedure, 1908 were considered in the
aforesaid judgments.
Ultramatix Systems Pvt. Ltd. vs State Bank Of India And Ors. on 29 March, 2007
of the statement in the balance-sheet that the claim for interest and
principal was in dispute, a decree on admission could not have been
passed on the basis of audit report which forms part of the balance-
sheet. The Division Bench followed the judgment of another Division
Bench of this Court in the case of Ultramatix Systems Pvt. Ltd. vs.
State Bank of India and Others5 wherein it was enunciated that the
statement contained in the balance sheet and profit and loss
account of a company would an admission of its liability, unless
subsequent balance sheets were filed to show that either the
amounts have been paid or were not due and payable and/or any
other material was produced to hold otherwise.
M/S Reliance Asset Reconstruction ... vs M/S Hotel Poonja International Pvt. ... on 21 January, 2021
30. Mr. Patil also placed reliance on the judgment of the Supreme
Court in the Reliance Asset Reconstruction Company Limited vs.
Hotel Poonja International Private Limited6 wherein in the facts of
the said case in view of the note appended to the balance-sheet, it
was held that in view of the notes, the balance-sheet cannot be
treated as an acknowledgment of the liability.
Section 186 in The Companies Act, 2013 [Entire Act]
Section 174 in The Indian Contract Act, 1872 [Entire Act]
Section 185 in The Companies Act, 1956 [Entire Act]
Asset Reconstuction Company (India) ... vs Tulip Star Hotels Limited on 1 August, 2022
26. Dr. Saraf, learned senior counsel for the plaintiff, submitted
that the aforesaid explanation which came to be added after
institution of the suit is of no significance as it is self serving.
Placing reliance on the judgment of the Supreme Court in the case
of Asset Reconstruction Company (India) Limited vs. Tulip Star
Hotels Limited and Others1 Dr. Saraf submitted that the
acknowledgment in the balance-sheet for the year 2017-18 being
unequivocal and contemporaneous with the advance, deserves
precedence.
The Companies Act, 1956
M/S. Inteltek Automation Pvt.Ltd. & 2 ... vs Indusind Bank Ltd. & Anr on 1 December, 2010
29. Mr. Patil placed a strong reliance on the judgment of the
Division Bench of this Court in the case of Inteltek Automation Pvt.
Ltd. vs. Indusind Bank Ltd.4 wherein it was enunciated that in view
2 2007 (95) DRJ 167.