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KRISHNA RAO
Meenakshi Goenka – Appellant
Versus
Canon Properties Private Limited – Respondent
JUDGMENT :
Krishna Rao, J.
1. The plaintiff has filed the present application being GA No. 1 of 2023 in CS 120 of 2023 under Order 12 Rule 6 of the Code of Civil Procedure, 1908 praying for judgment and decree on admission for a sum of Rs. 75,00,000/- along with interest @ 18% per annum totaling in Rs. 3,92,32,471/- or in alternative for an order of injunction restraining the defendants from dealing with or disposing of or alienating or transferring or encumbering their assets and properties and from withdrawing any amounts from their bank accounts.
2. The defendant nos. 2 and 3 approached the plaintiff for a loan of Rs. 75,00,000/- and in view of the relationship between the plaintiff and the defendants, the plaintiff agreed to makeover a loan to the defendants. The terms and conditions of the loan were discussed between the parties and it was agreed between the parties that the plaintiff would lend and advance a sum of Rs. 75,00,000/- to the defendants with the interest @ 18% per annum. The defendant no. 1 would be received the said amount on behalf of the other defendants and is re-payable on demand. It was further agreed between the parties at the end of each financial year, the d
A party seeking judgment on admission must demonstrate unequivocal admissions; failure to establish a prima facie case negates the possibility of granting an injunction.
A party seeking judgment on admission must demonstrate clear and unequivocal admissions, and failure to establish a prima facie case precludes injunction relief.
The court emphasized that disputed documents and agreements raised triable issues that required evidence and could not be decided summarily.
The main legal point established in the judgment is that admissions by the parties and the authenticity of documents play a crucial role in determining liability for loan repayment.
A single isolated instance of lending money does not constitute a money-lending business requiring a license under the Bengal Money Lenders Act, 1940.
A court can pass Judgment and Decree on admission based on admissions made by a party, even if the defendant raises a defence, if the defence is insufficient or illusory.
A plaintiff must establish a prima facie case and demonstrate the defendant's intent to obstruct justice to obtain security under Order XXXVIII, Rule 5 of the CPC.
Admissions made by a party can serve as substantive evidence, allowing the court to grant a decree in the absence of a defense.
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