9911796707
TMI Blog1998 (1) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... ent with the petitioner on 22-1-1993. As per the said agreement, the company in question took possession of a motor vehicle- Maruti Van bearing Engine No. 783073, Chassis No. 918609. The agree-ment between the parties was in the nature of a lease and the company in question had agreed to pay the price of the vehicle of Rs. 1,32,000 in eight instalments. The first instalment was payable on 22-1-1993 and the last instalment was payable on 22-10-1994. It is an admitted fact that five instalments payable upto 22-4-1994 were paid by the company in ques- tion. It seems that, after the payment of 5th instalment, the vehicle in question had met with an accident and the said vehicle was given for repairs to Cargo Motors (Guj.) Ltd., and it seems tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay the three instalments in question was finally settled. According to the respondent, in view of the settlement between the parties on the date of the statutory notice, the respondent was not owning any amount to the petitioner and thus there is no admitted debt between the parties. 5. Therefore, the only question to be considered by me is as to whether there is a bona fide and reasonable dispute about the debt in question and my finding on the said point is in the affirmative for the reasons stated hereinabove. The respondent had produced along with the affidavit-in- reply a copy of the letter addressed by the respondent on 13-9-1996 to the Police Inspector of Navrangpura Police Station. Along with the said copy of letter, two postal ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been filed denying the same. Therefore, this conduct of the petitioner in not making any reference of their approaching the police in September 1996, not making any demand of the amount till December 1996 and not filing affidavit of the director of the petitioner company denying the stand taken by the petitioner right from September 1996 makes it very difficult to except the mere denial by the petitioner of the stand taken by the respondent. No doubt, the petitioner has produced today one notice issued on 6-1-1998. The notice is issued on 6-1-1998 by Cargo Motors Ltd. The said notice is addressed to the present petitioner as well as to one Ashokbhai Kedia. In the said notice it has been claimed by Cargo Motors Ltd. that the vehicle in q ..... X X X X Extracts X X X X X X X X Extracts X X X X
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