ORIENTAL BANK OF COMMERCE Vs. ANAND STEEL TRADING COMPANY

JUDGEMENT

(1.) THE word 'judicial admission' is frequently used in the judicial parlance, such expression necessarily takes place when a Court has been, in particular, called upon to arrive at such typical admission made before itself by a contending party who may be either a plaintiff or a defendant. Sometimes such expression has been attempted to be associated with the prevalent theory of non-traversal without making any offer to examine the counter pleading of a defendant in a civil action where the plaint allegation has been specifically brought against the said contending party. THE words 'judicial admission', 'doctrine of non-traversal' and the effect of the non-controverting, replicated affirmation have been perhaps inter-related with each other.

(2.) The above inter-relationship is hereby being afforded to be given a functional-structural description in the following manner:

(3.) THE applicant Bank had been pleased to sanction and grant by its letter of sanction dated October 27, 1997 to the contracting defendants the cash credit facility (hypothecation)-105; such letter of sanction was factually issued by the said Bank, while making a response to the application made by those defendants bearing reference No. CN/409/L-1051/97-98 dated October 3, 1997 with a condition imposed, a prior, upon those defendants: