9911796707
TMI Blog2020 (3) TMI 36X X X X Extracts X X X X X X X X Extracts X X X X ..... by way of three (3) invoices being Invoice No. Sr. No. Invoice No. Dated Invoice Amount (RS) 1 9251201864 16.3.2012 5,16,965.00 2 9251300074 21.4.2012 8,71,015.00 3 9251201965 31.3.2012 29,798.00 Total 14,17,778.00 2. It is the case of the petitioner that all the three (3) invoices have remained outstanding and despite various reminders the respondent company did not make any payment towards aforesaid bills. The petitioner submits that the officers of the petitioner constantly followed up with the respondent company for recovery of aforesaid dues. The petitioner submits that after pursuing the respondent company several times towards discharge of its liability of aforementioned invoices, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t it shall make a payment to the petitioner @ 2,00,000.00 (Rupees two lakhs only) per month. Thereafter, the respondent company issued a cheque towards part payment of the said outstanding amount vide cheque No. 522466 dated 9.7.2014 for Rs. 1,00,000.00 ( rupees one lakhs only) drawn on Dena Bank Himatnagar Branch in favour of petitioner company. 5. It is further submitted that the petitioner deposited the said cheque with its bank and was surprised to learn that the said cheque was returned as dishonored for want of funds. When the petitioner brought this fact to the notice fo the respondent company, the petitioner was requested not to initiate any civil or criminal proceedings towards the dishonor of the cheque. The respondent company a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent company. The learned advocate for the petitioner submits that such defence is nothing but an after-thought and a moon shine defence, and, therefore, the present petition deserves to be allowed. 7. Before considering the submissions made by the learned counsel for the parties, it may be noted that while admitting this petition, the Court has passed the following order dated 14.12.2018. Para 2 of the said order reproduced hereunder : "In the light of the aforesaid facts, petition deserves to be admitted. Hence, Admit. Order of admission be advertised in "Indian Express" in English edition and "Sandesh" in Gujarati edition. Final hearing be fixed on 5.2.2019." 8. The advocate for the petitioner submits that pursuant to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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