TMI Blog2000 (3) TMI 1017X X X X Extracts X X X X X X X X Extracts X X X X ..... received by the company. Initial reply was sent to the advocate for the petitioner on 15-3-1999. Thereafter the papers were misplaced. These papers were subsequently noticed on 5-5-1999. On enquiry it has been found that the order of admission has been passed on 16-4-1999. 2. Mr. Kadam submitted that in view of the above, the order of admission ought to be set aside. As opposed to this in the affidavit in reply, it is stated that the application which has been filed by the company is nothing more than a delaying tactic. It is submitted by Mr. Rebello that the petition was presented to this Court on 20-11-1998. It was accepted on 18-2-1999, and returnable date was fixed on 16-4-1999. Notice of the petition dated 5-3-1999 was received by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on statement and stated that it consists of three pages. The first page contains the alleged reconciliation which is signed by the representatives of the company as well as the petitioner. On the second page there is a statement showing payments made to the petitioner. This statement is signed by a different officer of the company. The third page of the statement is also signed by somebody else. He, therefore, submitted that reconciliation statement is no reconciliation in the eyes of law and it appears to have been antedated. As opposed to this Mr. Rebello, the learned counsel for the petitioner has stated the reconciliation statement is nothing more or less than what it purports to be. The details which are contained on the subsequent two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner on the basis of clause 7.3 of the contract. This clause provides that the payments will be made against invoices submitted by the contractor in triplicate supported with the quantities of work performed by the contractor and certified by the representative authorised by the purchaser. He submitted that none of the invoices have been certified by the company. In reply to this it is submitted by Mr. Rebello that in view of the reconciliation statement dated 21-11-1995, the condition contained in clause 7.3 of the contract is deemed to be waived. Learned counsel also relied on a letter dated 29-12-1997, to submit that in any event the liability has been admitted by the company. A perusal of this letter shows that the company had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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