SANCHAY DEY Vs. PAILAN PARK DEVELOPMENT AUTHORITY LTD

JUDGEMENT

(1.) If one party conceals anything the Court may draw adverse inference and decide the controversy accordingly. When none of the parties placed their case properly before the Court it would be difficult for the Court to come to a right conclusion one way or the other. Such is the case here. The learned Judge found the Company being dishonest having taken dishonest plea to resist the winding up proceeding. Yet he could not give any relief to the appellant creditor as the appellantcreditor was also not clear on his version. He has now approached us with the present appeal.

(2.) Facts would depict, the appellant claimed to have been entrusted with the job of alumunium fittings in the company's project at Pailan Park. If we go by the statutory notice of demand we would find that he supplied goods installed in various buildings belonging to the company. The company duly received and acknowledged without raising any objection. The work was completed on February 4, 2008.

(3.) After measurement was completed on February 4, 2008, he raised bills on February 27, 2008 that remain unpaid. He further contended, during the period from March 1, 2003 till January 2006 he received various payments leaving a balance sum of rupees sixty five lacs thirty-five thousand eight hundred due and payable. He summarised his claim by contending that the total cost was rupees one crore thirty lacs twenty three thousand and three hundred out of which he received payment to the extent of rupees sixty four lacs eighty seven thousand and five hundred leaving a balance sum of rupees sixty five lacs thirty five thousand and eight hundred.