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2011 (7) TMI 1344 - SC - Indian LawsAdmission' in the minutes of the meeting - Order 12 Rule 6 of the Code provides admission of facts - whether there was in fact any admission, on the basis of which a judgment on admission could have been passed - HELD THAT:- The minutes of the meeting dated 9.12.2000 No. doubt starts by noting that the "As per Himani's records: credit TISCO ₹ 47,06,789.00" as on 31.3.1999. It also records that as per TISCO's records, as on 31.3.1999, the amount due by Himani(Appellant) was ₹ 61,49,449/30 and if three deductions (which were yet to be checked) were made, the amount due would be ₹ 47,06,775/70. Thereafter, in paragraphs 3, 4 and 5, there is a reference to both parties agreeing to provide particulars, agreeing to hold further discussions on 26.12.2000 and Respondent agreeing to check up its records to find out the correctness of certain entries. Thereafter the minutes conclude that the "final figure will be arrived at the meeting accordingly". When the minutes merely notes certain figures and states that they are tentative and both parties will verify the same and says that the final figure will be arrived at the next meeting, after discussions, we fail to understand how the same could be termed as an "admission" for the purpose of Order 12 Rule 6 of the Code. Another aspect regarding the minutes dated 9.12.2000 requires to be noticed. The Minutes do not refer to any admission by HIMANI (Appellant) to pay any amount to TISCO (Respondent). If a buyer states on 9.12.2000 that his account as on 31.3.1999 shows a balance of amount 'X' to the credit of the supplier, it can not be treated as an admission that the said amount 'X' was due to the supplier on 9.12.2000. In a continuing account, it may be possible that between 31.3.1999 and 9.12.2000, there may be debits to the account, or 'reveral of credits' or 'settlement of the account'. We therefore hold that there was No. admission on 9.12.2000 which could result in a judgment under Order 12 Rule 6 of the Code. Thus, we allow this appeal, set aside the orders of the learned Single Judge and the division bench of the High Court dated 22.2.2008 and 22.9.2008. We make it clear that we have not recorded any finding nor expressed any opinion in regard to the merits of the case or in regard to any part of the suit claim. It is possible that on evidence being led, the Respondent is able to establish that ₹ 47,06,775/70 was in fact due as on 31.3.1999 and that it continues to be due. We request the High Court to dispose of the suit expeditiously.
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