https://www.taxtmi.com/caselaws?id=287563 An unconditional written confirmation of a closing balance can constitute an account stated and support a summary suit under Order XXXVII Rule 2 CPC, because the law implies a promise to pay from the admitted settled balance even without an express promise. On the same reasoning, where the parties' conduct showed prior payment and acceptance of interest on the balance, the confirmation letters could also imply a promise to continue paying interest at the stipulated rate unless a contrary intention appeared. The matter was directed to proceed with conditional leave to defend, subject to furnishing security or a bank guarantee. en-us Sat, 05 Oct 2002 00:00:00 +0530 Sat, 18 Apr 2020 17:56:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287563 An unconditional written confirmation of a closing balance can constitute an account stated and support a summary suit under Order XXXVII Rule 2 CPC, because the law implies a promise to pay from the admitted settled balance even without an express promise. On the same reasoning, where the parties' conduct showed prior payment and acceptance of interest on the balance, the confirmation letters could also imply a promise to continue paying interest at the stipulated rate unless a contrary intention appeared. The matter was directed to proceed with conditional leave to defend, subject to furnishing security or a bank guarantee. Case-Laws Indian Laws Sat, 05 Oct 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287563