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2013 (8) TMI 6 - CALCUTTA HIGH COURTRefund of advance - Promised quantity of goods not supplied - Held that:- Since the company says that unless the sales tax forms are furnished by the petitioner to company, the company is liable to pay an amount of Rs. 8 lakh to the appropriate authorities, such matter has to be assessed. In any event, there is also a defence of the company that the value of the goods sold to the petitioner was not of the lesser amount attributed by the petitioner - Defence may ultimately be found to be wanting, a creditor's petition is not admitted on impressions, and the company here must be afforded a chance to fight the claim in a regularly constituted action. Accordingly, the claim of the petitioning-creditor is relegated to a suit - Decided in favour of petitioner.
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