9911796707
TMI Blog1998 (4) TMI 448X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner-company has pleaded that they were appointed as LPG dealers for the area of Baijnath, District Kangra (H.P.), vide letter dated October 4, 1993, copy of the letter of such appointment is annexed to the petitioner as annexure P-1. As per the terms and conditions of the letter Of appointment the petitioner-company claims to have made the following payments by draft or by cash against receipts details of which are as under : Amount deposited with date Your receipt No. and date Rs. 2,45,000 through bank draft No. 808407/08 dated June 27, 1994, drawn on PNB for the supply of Gas. 284, dated July 2, 1994. Rs. 1,50,000 through bank draft No. 352295 and 129972 drawn on SBI as security for pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rship. It was averred in the reply that no claim is due because the respondent-company has already supplied 150 cylinders to the petitioner-company which have been received by it. The respondent-company has vaguely denied the averments of the petitioner in corresponding paras, of the reply without dealing with any of them specifically. In order to determine the basic dispute whether any payments are due to the petitioner-company from the respondent-company and if so, whether the respondent-company has raised any bona fide dispute for the non-payment of the dues, before entering into 'merits of the case, I consider it appropriate to refer to the conduct of the respondent-company even before this court. Vide order dated July 3, 1997, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... letter are standard terms applicable to such an agency. The payments which have been made by bank drafts or cash and the receipts thereof have been placed on record as annexures P-2 to P-6. In reply it is not averred that these receipts are either forged or not issued by the respondent-company. In fact some of the receipts have been admitted in the reply. It is also not averred in the reply that the bank drafts stated to have been issued in the name of the respondent-company have not been encashed by the respondent-company. The very conduct of the respondent-company shows that it has failed to discharge its obligation under the terms and conditions of the agreement as a result of which the petitioner was compelled to surrender the agency an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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