UTTAM SINGH DUGAL AND COMPANY LIMITED Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) THIS petition is filed against the judgment passed by the High Court of Calcutta affirming a decree passed by the learned single Judge of the High Court for a sum of Rs. 1015.50 lakhs on application of the respondent for judgment upon admission as provided under Order XII, Rule 6 of the Code of Civil Procedure. The facts leading to the suit are as follows :

(2.) THE application filed by 1st respondent-Bank for judgment on admission covers only a part of the suit claim. THE 1st respondent-Bank relied upon (i) Balance Sheet of the petitioner for year ending 31/03/1989 with reference to Schedules 'C', 'D' and 'E'; (ii) Minutes of the meeting of Board of Directors held on 30/05/1990 which noticed the discussion at the meeting and issues that could be deemed to have been settled as result thereof; (iii) letter dated 4/06/1990 communicating the resolution and minutes of the meeting of the Board of Directors held on 30/05/1990.

(3.) THE petitioners filed an affidavit-in-opposition to contend that :