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2015 (8) TMI 1468 - HC - Indian LawsRecovery of money - Commission due to the plaintiff for sale of products as a distributor of the defendant - it is argued that the amount which is claimed in the suit is that the amount with respect to which the defendant had issued a total of 11 TDS certificates and once the 11 TDS certificates are found to be issued by the defendant, the defendant is liable to pay the suit amount to the plaintiff - adjustment against the amount cheated/embezzled by the plaintiff - Held that:- In the present case, TDS certificates would be evidentiary admissions only and not judicial admissions of evidence for the same to form a basis at this stage itself for decreeing of the suit although issues have been framed with respect to disputed questions of facts and evidence is going on - Evidence which therefore exists at an intermediate stage of a suit would be relevant to one party to prove his case, but such evidence can always be questioned by leading evidence by the other side and also by cross-examining the witness of the other party. This disputed question of fact entitles the defendant to lead the evidence to show as to how the plaintiff has embezzled money and such amounts of moneys are to be adjusted against the claim of the plaintiff in the suit. The present is not a fit case in which the suit for recovery of money should be straightway decreed - to allow the application is to summarily reject the defence of the defendant without allowing the defendant to lead evidence on his defence which is a disputed question of fact requiring leading of evidence by the defendant - application is dismissed.
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