TMI Blog1980 (3) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... t in reply. The petitioning-creditor's claim arises out of the price of goods sold and delivered pursuant to the various orders placed by the company bet-been 22nd September, 1977 and 25th March, 1978, for various quantities of steel sections at agreed rates. Pursuant to the said orders, the petitioning-creditor duly submitted the bills along with the receipted challans to the company-particulars of which are set out in para. 8 of the petition. It appears that the company accepted the said goods and the bills in respect of the same without any objection and the total amount of the bills is Rs. 13,044 and, as the company failed to pay the said amount of the bills, the petitioning-creditor made a claim for interest and, thereafter, served s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterials although the contract was for sale of foreign made materials and also inflating the amounts of the said bills and showing therein larger quantities of goods than had actually been delivered. It is also alleged that there was dishonesty on the part of the petitioner in collusion with the employees of the company for supplying cheaper indigenous materials in violation of the contractual obligations. It is further alleged by the said deponent that on discovery of the said affairs the company had caused departmental enquiry to be held wherein the complicity and collusion practised by some of the employees of the company was conclusively proved and as a result the company took departmental action against the delinquent employees and d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly false and frivolous but highly defamatory and showing mismanagement of a company which is a State Govt. undertaking. If the company's employees have committed any fraud by removing the goods and replacing the same with indigenous goods that is not a ground for which the petitioning-creditor should suffer or there cannot be any liability on the part of the petitioning-creditor for such alleged acts of collusion and fraud of the company's employees. The petitioner had got nothing to do with the same. In my view, after going through the papers and documents, there is no defence whatsoever to the petitioning-creditor's claim which prima facie appears to be bona fide and the company is trying to raise disputes when there is none. If the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner and the matter is before the Vigilance Commission, Govt. of West Bengal, and, therefore, the claim of the petitioning-creditor should not be said to be a debt which is not disputed or there is no dispute raised to the said claim of the petitioning-creditor. Considering the matter very carefully and after giving my anxious thought over the matter, I am of the view that this is a desperate attempt on the part of the company to victimise the trade creditors for fraudulent acts on the part of their employees who are employees of the Government undertaking and guilty of fraudulent and collusive acts. As I have said there is no material whatsoever, on which the said defence can be passed, save and except in the affidavit where allegat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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