( 1 ) ADMITTEDLY the suit for recovery has been confined to the admitted liability of Rs. 7. 63 crores. The documents referred to and relied upon by the plaintiff in this regard are as follows :- (i) Letter dated 5/04/1997 by defendant no. 1. The relevant para of the same is as under:-

"as per the details given above, the short fall in my vehicle purchase accounts with Maruti Udyog limited totals to Rs. 763. 22 lacs as of close of 31/03/1997. As per my earlier communication, I propose to make good the above shortfall with the by 10. 04. 97 : Rs. 50. 00 lacs by 25. 04. 97 : Rs. 100. 00 lacs by 25. 05. 97 : Rs. 200. 00 lacs by 25. 05. 97 : Rs. 213. 22 lacs Rs. 763. 22 (ii) Minutes of the meeting dated 5/04/1997 between plaintift and defendant. Relevant portion of the same is reproduced as below:-

"mml also provided a letter no. 021/mml/97 dated 5/4/1997 wherein they admitted that there was a shortfall of Rs. 7. 63 or. " (iii) Affidavit filed by Shri M. C. Mehta as managing Director of the defendant company before Andhra pradesh High Court in CW No. 947/98. The relevant part of the affidavit is as under :-

"in this instance also the petitioner company had on its own given the