- (1.) The instant appeal arising out an order passed by the learned Single Judge in connection with an application for judgment upon admission taken out by the plaintiff against the defendants. In or about 7th March, 2005, the plaintiff took out an application for judgment and upon admission on the basis of the pleading in paragraph 24 of the petition.
(2.) The suit was for recovery of amounts due and payable in connection with services rendered in or about 29th July, 1998. The plaintiff entered into an agreement with the defendant No.1 for conversion of cotton yarn into finished product at a mutually agreed rate of conversion as would appear from the agreement dated 29th July, 1998. Apart from the aforesaid, the plaintiff also provided the respondent with interest free advance of Rs.22,00,000/-. The plaintiff claims that from time to time, the defendant No.1 approached the plaintiff for further advance in addition to the conversion charges payable in terms of the said agreement. Most of the advance payments were made by way of cheques and/or bank drafts and some of the advances were made by cash. In consideration of the plaintiff agreed to advance such amounts to the respondent No.1, the respondent No.2 had duly guaranteed due repayment of such sums and the same would be reflected from three letters dated 28th June, 1999, 4th August, 2000 and 21st November, 2000. The plaintiff states that although the defendants have jointly and severally acknowledged the debts but they have refused to pay the aforesaid amount as a result whereof a sum of Rs.2, 57,75,607.68 had become due and payable.
(3.) The plaintiff taken out the aforesaid master summons in which a prayer was made for judgment upon admission on the basis of averments made in Paragraph 24. The said Paragraph 24 is reproduced hereunder: "24. Including interest calculated upto 28th February, 2005, a sum of Rs.3,72,24,294.00 is due and payable by the respondent No.1 to the petitioner for which the petitioner is entitled to claim judgment upon admission, particulars whereof are given hereinbelow: a) Admitted claim as on 30th August, 2001 - Rs.1,74,84,890.00 Add: Interest at the rate of 24% per annum calculated upto February 2005 - Rs.1,97,39,277.00 Total dues - Rs. 3,72,24,167.00" ;