9911796707
TMI Blog2002 (8) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... balance of Rs. 4,00,598.30. The company by its letter dated 9-6-2000 wrote to the petitioning creditor as follows : "It has always been our sincere effort to pay your bills on time but due to certain unavoidable circumstances beyond our control we are unable to pay your dues on time. We regret to say that due to the untimely receipt of payments from the various State Electricity Boards, huge sums are blocked. However, we shall take every care to release your dues with the least possible delay. We regret the inconvenience caused to you. Thanking you and assuring you of our best attention always." 3. In spite of the aforesaid promise to pay the company did not pay the aforesaid dues of the petitioning creditor. In those circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very of loss and damage arising out of consumption of the defective goods supplied by the petitioning creditor. The damage claimed is a sum of Rs. 9,49,712. 5. Mr. Chatterjee, the learned senior advocate appearing for the company, submitted that part of the goods supplied had been rejected and moreover a suit for realisation of the damages is pending. Therefore, this Court should dismiss this application in limine with exemplary costs. With regard to the promise to pay contained in the company s letter dated 9-6-2000 set out hereinabove Mr. Chatterjee submitted that this was a routine letter sent to all the creditors and it is alleged that due to inadvertence this letter dated 9-6-2000 was issued to the petitioning creditor in order t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect of mutually extinguishing each other. If the bad quality is apparent to the naked eye, the company should not have consumed them. If the bad quality was discovered subsequent to consumption then the earlier alleged complaint with regard to bad quality is bogus. A third case has been run in paragraph 6 of the plaint alleging that the petitioning creditor requested the company to consume the goods on the alleged assurance that the company would not have to pay for the same if the quality were found bad upon consumption. Obviously, there is no iota of evidence in support of such a wild allegation. Regard being had to the common course of natural events and human conduct, existence of any such alleged assurance on the part of the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cause whatsoever. The company is, therefore, liable to pay the aforesaid sum together with interest at the rate of 14 per cent per annum under section 61 of the Sale of Goods Act from the date of the respective bills until the date of payment. The company is also liable to pay costs of this application assessed at 300 G.Ms. 8. For the non-payment of the aforesaid dues even after service of the statutory notice the company is deemed to be unable to pay its debts. The petition is, therefore, admitted. The petitioning creditor is directed to advertise the petition once in the Statesman and once in the Pratidin within 3 weeks from the date and the matter is made returnable 4 weeks hence. Publication in the Official Gazette is dispense ..... X X X X Extracts X X X X X X X X Extracts X X X X
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