2001 (12) TMI 907

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....ajan, Advs. JUDGMENT JIWAN DASS 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 short....

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.... Mehta as a 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 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....

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....ed it also made funds available to honour its commitment to the complaint company and took a draft for the said amount in May 1997 itself which is to the knowledge of the 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 fo....

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....only when there are differences and disputes with regard to certain payments or breach of obligations of the respective parties of the terms of the agreement. However 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 ext....