9911796707
TMI Blog1993 (12) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... ter called "the company") on the ground that it is unable to pay its debts. The petitioner is also a company incorporated under the laws of the United States of America with its registered office at 93, Nottingham Square, Hackettstown, New Jersey (U.S.A.). It is engaged in the export of shredded scrap to various steel plants in India. It is not in controversy that the parties have been entering into contracts from time to time for the supply and purchase of waste and scrap for remelting (melting scrap) of all grades of non-alloy steel carbon steel shredded scrap. The case as set up in the petition is that the company placed five purchase orders on the petitioner for the supply of shredded scrap as aforesaid the particulars of which have b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, it denied its liability to pay any demurrage whatsoever. Thereafter, the petitioner filed Company Application No. 97 of 1992 seeking permission of this court to place on record four letters allegedly written by the company to the Reserve Bank of India for the release of foreign exchange to be paid to the petitioner by way of demurrage. Notice of this application was given to the company which filed a detailed reply denying having written these letters. The application was allowed and the documents were permitted to be placed on record and the reply of the company to the application was ordered to be read as part of its written statement. Since the company was challenging the authority of S.D. Ajgaon-kar to file the petition on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... away but in appropriate proceedings. It is also doubtful whether S.D. Ajgaonkar was properly authorized to file the present petition on behalf of the petitioner and the copy of the power of attorney produced on record was seriously challenged by the company. When the case came up for hearing on September 24, 1993, learned counsel for the petitioner undertook to produce the originals of the alleged purchase orders placed on them by the respondent company and also the debit notes prepared by the petitioner which were allegedly confirmed by the company. He has not been able to produce these documents and stated that the same are not available. Photocopies of the debit notes have been produced which do not indicate that the company had ever ..... X X X X Extracts X X X X X X X X Extracts X X X X
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