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TMI Blog2017 (1) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... er for supply of Ready Mix Concrete. It is th case of the petitioner that during the period between March, 2013 and 7th April, 2013, the petitioner supplied the said material worth Rs. 17,84,500/- to the respondent company at the address mentioned in the purchase order. The respondent received the said goods without any protest as to the quality or quantity of the said goods. The petitioner thereafter issued the invoices on 16th April, 2013 and 30th April, 2013 to the respondent company for the said supply effected by the petitioner. 3. On 20th May, 2013, the respondent issued a cheque in the sum of Rs. 3.00 lakh as part payment in favour of the petitioner. On 18th June, 2013, the respondent company issued another cheque of Rs. 3.00 lakh a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hanged between the parties by which the petitioner sent reminder for payment to the respondent. Since no amount was forthcoming, the petitioner issued a statutory notice dated 29th December, 2014 to the respondent demanding payment of Rs. 10,84,000/- with further interest thereon under section 434(1)(a) of the Companies Act, 1956. 6. Though the said statutory notice was received by the respondent, there was no reply to the said notice by the respondent. The petitioner accordingly filed this company petition. According to the petitioner, the petitioner has to recover a sum of Rs. 14,63,421/- from the respondent as on the date of filing of the company petition. The respondent has filed affidavit in reply to this petition. Rejoinder i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , in which the respondent admitted that it had made payment for goods supplied which were upto the mark and as per the specification requisitioned by the respondent company. He submits that each and every defence raised by the respondent now raising an issue of alleged defective goods is after thought. 10. It is submitted that the respondent has already made payment of Rs. 7.00 lakh as and by way of part payment and while making such payment, never raised any such issue of alleged defective goods. 11. Mr.Saluja, learned counsel for the respondent on the other hand submits that there were over writings in the invoices annexed to the petition. He does not dispute that the respondent had not addressed any letters during the course of supply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verment made in paragraph 10 of the company petition and reply of the respondent in paragraph 14 thereto. It is submitted that in paragraph 14, the respondent has admitted that the contents of paragraph 10 are correct and needs no comment. 16. Insofar as the submission of the learned counsel for the respondent that there are discrepancies in the amounts claimed in the two e-mails by the petitioner is concerned, the learned counsel placed reliance on the judgment of this Court in case of Tata Finance Limited, Mumbai vs. Kanoria Sugar & General Manufacturing Company Limited, Mumbai, 2002(1) Mh.L.J. 617 and in particular paragraphs 8 and 11. He submits that even if according to the respondent the correct outstanding amount of the petitioner i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not as per the specification. In my view, the defence now raised for the first time in the affidavit in reply deserves to be rejected. The defence now raised by the respondent is moonshine. 20. Insofar as the submission of the learned counsel for the respondent that there is no provision for payment of interest in the invoices is concerned, there is no bar under the invoices from payment of interest. In any event since the admitted liability is more than Rs. 500/-, the petition deserves to be admitted. 21. In my view, since the respondent has failed to pay the admitted dues, the petitioner has made out a case for grant of interim relief in terms of prayer clause (d). However, it is made clear that the respondent shall be permitted to de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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