DIMENSION STEEL AND ALLOYS PRIVATE LIMITED AND ORS. Vs. MAA CHINNAMASTIKA IMPEX PRIVATE LIMITED AND ORS.

JUDGEMENT

(1.) In spite of notice, the defendants are not represented. The affidavit of service is kept with the records. The petitioners appear to have placed a purchase order dtd. 3/6/2017 for supply of 1000 M.T. of pearl coke aggregating to Rs.1.07 crores at the rate of Rs.10,500.00 per M.T. Simultaneously with the execution, issuance and acceptance of the purchase order dtd. 3/6/2017, the petitioner no.1 on the same date handed over 10 post dated cheques of diverse dates between 24/7/2017 and 28/8/2017 all drawn in favour of the respondent no.1 of the value of Rs.10.00 lakhs.

(2.) The petitioners allege that in spite of acceptance of the purchase order and payment of the entire consideration amount, the respondents have been supplied only 141.370 M.T. of pearl coke for which the respondents have duly paid. It is alleged that till date the respondent no.1 has failed, refused and neglected to supply the balance 858.630 M.T. The petitioners contend that notwithstanding the aforesaid fact, the respondent no.1 has fraudulently presented few of the post dated cheques which were dishonoured as no sum was due and payable for the supplies made. The respondent No.1 has with malafide intent issued notices under Sec. 138 of the Negotiable Instruments Act on 22/12/2017.

(3.) Although the respondent no.1 had due notice of this application, but the respondent No.1 is not represented.