IMPORTANT POINT
Judgment on admission can be granted when there is a clear, unequivocal acknowledgment of debt, allowing the court to bypass a full trial.

JUDGMENT :

KRISHNA RAO, J.

1. The plaintiff has filed the present application for judgment upon admission for a sum of Rs.1,27,50,762/- along with an interest at the rate of 18% per annum.

2. The plaintiff is engaged in the business of manufacturing of integrated specialty steel and value-added steel products (including wire and wire ropes) having business locations across the length and breadth of the country including through its subsidiaries and/or joint ventures.

3. The defendant no. 1, is a part of Hema Group of Companies and is engaged in the business of manufacture of accumulators, primary cells, primary batteries and allied businesses, and the Defendant Nos. 2 and 3 are the directors and/or principal officers of the defendant no. 1 company.

4. In or around January, 2019, the defendant no. 1 through the defendant no. 3 approached the plaintiff for supply of diverse grades and/or dimensions of spring steel wires, with the object of augmenting its business activities and/or furthering its business interests.

5. It was further decided between the parties that the goods will be supplied by the plaintiff to the defendant no. 1 based on purchase orders issued by it and accordingly, payment thereof would be made in terms of the invoices raised by the plaintiff on the defendant no. 1 and the defendant no. 1 had also assured the plaintiff that the payments in respect of purchase orders issued on the plaintiff would be made within 45-60 days from the date of delivery of the said goods.

6. Based on the representations made and/or assurances given by the defendant Nos. 2 and 3 on behalf of the defendant no. 1 and finding the terms of the contract to be lucrative and/or commercially viable the plaintiff agreed to supply the said goods to the defendant no. 1.

7. The defendant no. 1 had placed 6 (six) purchase orders on the plaintiff amounting to a total sum of Rs.83,35,000/- and also had provided the specifications and/or dimensions of the said goods to be supplied and those orders were duly received, accepted and/or acknowledged by the plaintiff. The particulars of such orders are mentioned herein below:

8. The plaintiff submits that prior to placing the purchase orders, the defendant no. 1, sometimes in the Month of May, 2018, had made payment of a sum of Rs.18,29,000/- to the plaintiff out of which a sum of Rs.15,18,765.02/- was adjusted on account of an earlier invoice dated 5th May, 2018, which was due and payable to the plaintiff by the defendant no. 1 with respect to separate purchase order dated 4th May, 2018, while the balance sum of Rs.3,10,234.98 was treated as advance for the present purchase orders.

9. Upon receipt of such purchase orders, the plaintiff duly issued instructions for dispatch of the goods, and all the materials were transported and/or supplied to the defendant no,1 from the warehouse of the plaintiff which is situated at Ranch, Jharkhand.

10. The defendant no. 1 had duly received, accepted and acknowledged the said materials without demur and/or raising any dispute of any nature whatsoever by also endorsing the challans.

11. Upon successful fulfilment of the supply obligations, the plaintiff has raised its invoices in line with the purchase orders.

12. Thereafter, the plaintiff received a communication, i.e. an email, dated 24th October, 2019, from the defendant no. 3, by admitting and/or acknowledging its liability which a total sum of Rs.84,23,000/- .

13. The plaintiff has repeatedly called upon the defendant no. 1 through the defendant nos. 2 and 3 to make payment of the legitimate dues, though demand notices as also through a statutory notice under Section 8 of the Insolvency and Bankruptcy Code, 2016.

14. Despite repeated requests, reminders and/or demands, the defendants have failed and/or neglected and/or ignored to discharge the amount due and/or payable by them to the plaintiff.

15. As the defendants failed to pay the amount to the plaintiff, the plaintiff has initiated Pre-Institution Mediation process but only