VADILAL DAIRY INTERNATIONAL LTD., IN RE Vs. ABC

JUDGEMENT

(1.) Petitioners have filed this Petition in respect of the goods supplied. It is the case of the petitioners that against purchase order placed by the company, the petitioners supplied goods. By letter of 16-8-1996 in response to the petitioners' letter dated 9-7-1996 wherein they have claimed various amounts including Invoice No. 605 dated 25-11-1995, the company sought time to release the payment. By a statutory notice dated 27-1-1998 the company was called upon to pay the principal amount of Rs. 5,48,331.20. In response to the letter, the only reply was that the company had called upon the factory to verify the accounts. A dispute was raised in terms of the interest.

(2.) On admission of the Petition, the company has filed a reply. The first contention is that there was no purchase order in respect of Invoice No. 605 as per their books of account and as such the skid amount of Rs. 2,51,623 was not due and payable. It is secondly contended that the Petitioners had not adjusted for returned material and damaged material which approximately works up to Rs. 1,26,000 as per Exhibit "B" to the reply. It was thirdly contended that the sum of Rs. I lakh paid on 7-7-1997 had not been adjusted.

(3.) Insofar as the first contention is concerned. Invoice at page 39 discloses the purchase order. At page 45 of the Petition is a Delivery Memo in respect of very same purchase order. Letter dated 9-7-1996 and the company's reply dated 16-8-1996 prima facie discloses that they have received the material supplied under Invoice No. 605 as there was no denial of the case set out by the Petitioners in respect of the payment for Invoice No. 605 dated 25-11-1995. Prima facie, therefore, the said contention that the goods were not received must be rejected. Insofar as the non-supply of damaged goods are concerned. Petitioners have annexed certain correspondence. Prima facie, it is, therefore, a bona fide dispute raised in respect of the amount set out under Items 2 and 3 of Exhibit "B" to the affidavit in reply. Similarly, in so far as the third contention is concerned, the company has been able to show that the Item No. 4 has been paid.