CASTROL LIMITED Vs. ADMIRAL SHIPPING LTD

JUDGEMENT

(1.) These two petitions can be conveniently disposed off together because the facts in both the cases are substantially identical and the defence raised by the company is also substantially similar. Few facts of the Company Petition No. 197 of 2004 which were argued at length before me are briefly enumerated as under :

(2.) During the period June, 1999 to February, 2000 the petitioner supplied goods to the respondent as per the purchase order placed by the respondent company with the petitioner. The goods supplied were to provide various kind of lubricants and oil to the vessel being M. V. Sea Grace I and MVC Jane I. In respect of the said goods sold and supplied by the petitioner to the respondent company the petitioner issued various invoices to the company for supply of the said goods.

(3.) It is the case of the petitioner that as on 25-2-00 there was an outstanding amount of US$ 62,046.96 as due and payable by the respondent to the petitioner company. It is further the case of the petitioner that a cheque for sum of US$ 22,000/- towards part payment was issued by one Glenrich limited being one of the group companies of the respondent herein. The said cheque was presented on 5-4-00 but the same has been dishonoured. On 5- 5-00 another group company namely Admiral Shipping Limited which is respondent in Company Petition No. 196 of 2004 issued a letter inter alia admitting the liability and promising that the payment will be made by third week of May, 2000. The said letter dt. 5-5-00 inter alia reads as under :