CENTUARY STEEL INDUSTRIES Vs. EIDER PWI PAGING LIMITED

JUDGEMENT

(1.) THE present application has been filed by M/s. Eider PWI Paging Limited for setting aside the exparte order dated 25. 7. 1997. Vide this order the payment of the amount due from it to the petitioner company in the main petition (M/s. Century Steel Industries) and having failed to show any bonafide dispute at that stage, passed the order admitting the petition for widening up. It was ordered that 14 days requisite notice prior to the date of hearing be published in Indian Express, Dainik Tribune and the Chandigarh Administration Gazette. The compliance of this order was made and affidavit of service was filed in the main petition by the petitioner. The present company application has been filed on 17. 10. 1997 for setting aside this order.

(2.) UPON notice, the non-applicants have filed their reply and have stated that averments made in this application are not factually correct.

(3.) THE hollowness of the stand taken by the applicant-company is further evident from the stand taken in paragraph No. 4 of this application even in regard to the merits of the case. Paragraph No. 4 reads as under :" 4. That earlier the petitioner supplied furniture to the respondent company worth Rs. 1,26,000/and the bills raised by the petitioners were duly paid except the bill in question. In fact the petitioner supplied the defective furniture and the respondent complained about the same to the petitioner. The petitioner promised to replace the furniture but did not do so. With the result the respondent withheld the payment of the bill. The petitioner concealed this fact while filing the present company petition. "