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2013 (1) TMI 332 - CALCUTTA HIGH COURTClaim of the petitioning creditor on account of dues from its distribution agent - dues accepted in emails - Held that:- There is no doubt that the correspondence between the parties in April, 2009 gives the impression that the company admitted and acknowledged that the company owed money to the petitioner. Yet, on the basis of the mail exchanged at the relevant time, the exact quantum of the company's indebtedness to the petitioner cannot be assessed. The company did not agree to the final counter proposal made by the petitioner on April 24, 2009 nor is any sentence in the company's mail at 12:34 pm on April 24, 2009 capable of being understood to have, in any manner, acceded to the petitioner's counter proposal or admitted the amount claimed by the petitioner. For a petition to be admitted in this jurisdiction, the petitioner has ordinarily to, not only show that a sum in excess of Rs. 500 is due and owing to it from the company, but also demonstrate the quantum of the debt due. At the very least, on the basis of documents contained in the petition which have been relied upon in course of the hearing, it cannot be said that the petitioner has been able to establish the amount which is due and owing from the company.It does not appear that the defence is altogether moonshine or without basis. Though the company has not been called upon in course of the hearing, the communication exchanged between the parties in April, 2009 and the company's reply to the statutory notice indicate sufficient defence for this petition not to be admitted - petition permanently stayed.
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