9911796707
TMI Blog2001 (12) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... SS KAPOOR, J. 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 5th April, 1997 by defendant No. 1. The relevant para of the same is as under:- "As per the details given above, the shortfall in my vehicle purchase accounts with Maru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instance also the petitioner company had on its own given the particulars of the amounts due from it to the compliant company by its letter dated 5th April, 1997 wherein it accepted a liability of Rs. 763.22 lakhs and also gave the repayment schedule. Prior to that it gave a list of all the pending customers at Hyderabad and Vijaywade. In fact vehicles have been delivered to meet of these in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e complainant company." 2. The defendants have resorted to the arbitration clause of the dealership agreement between the parties. Admittedly there is no dispute that dealership agreement contains an arbitration clause in the form of clause 57 which is to the following effect: "If any difference or dispute, except a dispute pertaining to Termination, shall arise between the parties he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r wherever there is an admitted liability, the arbitration clause cannot be invoked. The very connotation "admitted liability" suggests that there are no disputes or differences with regard to the said admitted liability. 4. The extracts of the letter dated 5th April, 1997, the minutes of the meeting and the affidavit filed by Mr.M.C. Mehta in his capacity as Managing Director of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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