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TMI Blog2011 (12) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... g the business in Computer and laptops and rents out the computer and laptops and its various Peripherals to the customers on rental/hire basis on mutually agreed hire/rent charges. 3. The respondent is a company incorporated on 24-4-2006 as a Private Limited Company having its registered office at No. 190, Sarjapur Ring Road. HSR Layout, Agara, Bangalre-34. The respondent-company is doing the business of buying, selling, re-selling, exchanging, hiring, altering, assembling, distributing servicing, repairing and dealing in all relevant components of the computers and also export, import, wholesalers, distributors of all kinds of hardware and software whether manufactured in India or abroad. 4. It is the case of the petitioner that the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, which were taken on rental basis. 5. Further, on the e-mail correspondence dated 23-4-2010 with the respondent by the petitioner, the respondent in their reply in an e-mail dated 24-4-2010, informed the petitioner that in view of the financial crisis and due to non-payment of the money by their customers, they could not pay the hire/rental charges and arrangement will be made to pay them the rental charges on priority basis and also informed that steps will be taken to return the remaining laptops and requested to co-operate with them and they have also confirmed the balance amount to be paid to the petitioner. Though sufficient time has been granted, the respondent has failed to pay the hire/rental charges and to return the remaining l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave already paid the entire rental charges of Rs. 34,60,096/-. It is further contended that they have already returned the laptops and they are not due any rental charges to the petitioner. It is contended that they had taken the computers and laptops on hire charges from the petitioner and gave it on hire to another company by name M/s. Atyati Technologies Private Limited. Further, the petitioner-company itself has admitted that the respondent has paid a sum of Rs. 34,60,096/- (Rupees thirty four lakhs sixty thousand and ninety six only). Further, there is no written agreement with regard to payment of interest as alleged by the petitioner. Hence, the petitioner cannot claim any interest on the alleged dues. Further it is also stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and use the Company Court for recovery of its dues and sought for dismissal of the petition. 7. I have carefully considered the arguments advanced by the learned counsel for the parties and perused the pleadings of the parties. 8. The case of the petitioner is that the respondent has taken computers and laptops on rental basis and agreed to pay the rental/hire charges as mutually agreed between the parties, for which, the petitioner used to raise invoices towards hire charges. Copies of the invoices have been produced as 'E' series. The respondent-company has received those invoices and put their signatures. Further the respondent has confirmed the balance due to the petitioner as per e-mail correspondence dated 24-05-2010 and also ear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of the petitioner that the respondent has not returned 29 laptops, for which, the petitioner has raised another invoice for Rs. 5,65,500/-. However, the respondent has contended that they have returned the said laptops, but no document is produced in this regard. The claim made by the petitioner is on the basis of the ledger entries. The ledger entries were also made available to the respondent along with the statutory notice. The respondent has not filed any objections to the said statutory notice. The invoices 'E' series produced by the petitioner clearly discloses that the respondent has received the said invoices and they have put their seal and signatures on the invoices, that apart they had also acknowledged the debt as per the e- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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