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1990 (2) TMI 265

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..... rchase order placed by the company, the petitioners supplied goods. By letter of 16-8-1996 in response to the petitioners letter dated 9-7-1996 wherein they have claimed various amounts including Invoice No. 605 dated 25-11-1995, the company sought time to release the payment. By a statutory notice dated 27-1-1998 the company was called upon to pay the principal amount of Rs. 5,48,331.20. In resp .....

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..... the Petition is a Delivery Memo in respect of very same purchase order. Letter dated 9-7-1996 and the company s reply dated 16-8-1996 prima facie discloses that they have received the material supplied under Invoice No. 605 as there was no denial of the case set out by the Petitioners in respect of the payment for Invoice No. 605 dated 25-11-1995. Prima facie, therefore, the said conten-tion .....

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..... titioners to withdraw an amount of Rs. 71,175. Petitioners to file a suit in respect of the balance amount alongwith the interest claimed by them within six weeks of the company informing the Petitioners that the amount has been deposited in this Court. On such a suit being filed, balance amount of deposit to be transferred to the said suit. On the amount being deposited Petition to stand dismisse .....

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