9911796707
TMI Blog2015 (3) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... jee, J. (1) This is an application under Sections 433, 434 and 439 of the Companies Act, 1956. (2) The case of the petitioner is that the company agreed to purchase and the petitioner agreed to sell Betanox-C, Ferospeed, Quenching Oil, Super Inox-2C etc at the agreed rates on the terms and condition that the company would pay the price of the goods immediately and in default the company would pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h December, 2012 contending that the entire materials supplied by the petitioner were rejected due to poor quality of the materials as well as non-suitability of the same. It was further alleged in the said reply that in spite of several telephonic intimations the petitioner failed and neglected to lift the rejected materials from the company's Orissa plant and replace the same with fresh material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... According to the company, the goods supplied were of bad quality and not suitable for the purpose required by the company. (5) The company further contended that the petitioner has not disclosed copies of the bills allegedly raised by it on the basis of which the instant application is filed. However, pursuant to leave granted by this Court the petitioner has disclosed copies of the bills, parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner, there could have been no question of making such part payment. It is also not the case of the company that there was some other transaction between the parties and the payment of the said sum was made in connection with such other transaction. (7) The stand taken by the company in the reply to the statutory notice and in its affidavit in opposition is completely inconsistent with the compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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