DIAMOND BEVERAGES PVT. LTD. Vs. COMMERCIAL ENTERPRISES

JUDGEMENT

(1.) The company is not represented even at the second call.

(2.) The claim is on account of balance price of goods sold and delivered. A bare-bodied statutory notice was issued by advocate representing the company on December 29, 2006 claiming an unpaid amount of Rs. 1,00,704/- together with interest thereon and the sales tax declaration forms to which the petitioner claimed to be entitled. The statutory notice had no particulars of the bills or challans of the material supplied but merely stated the balance sum due.

(3.) The company replied on January 30, 2007 saying that unless a detailed statement was furnished and the bills that had been raised by the petitioner on the company were made available, the company was not in a position to assess the claim. The company specifically called upon advocate representing the petitioner to make over copies of the bills, if any, to enable the company to ascertain the claim.