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TMI Blog2007 (6) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... s shown for not proceeding against the appellant for winding up. 3. The learned Company Judge after hearing the parties, on perusal of the record and after taking note of the three grounds on which the petition was objected by the appellant viz., that the goods supplied were of substandard quality, there was bona fide dispute regarding the amount to be paid as the respondent had charged higher rates, and thirdly that the claim was barred by limitation during the pendency of the petition, held that the appellant had neither produced any evidence nor any material in support of their claim that the goods supplied were of substandard quality, or that there was bona fide dispute about the amount due and payable and further that this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent, the learned advocate for the appellant could not point out any such offer having been made by the appellant at any point of time. Obviously the record nowhere discloses any bona fide dispute having been raised by the appellant regarding the rates of the goods supplied by the respondent. Merely claiming that higher rates were charged for the goods supplied does not amount to raising a bona fide dispute regarding the amount payable for the goods supplied. If there was any dispute regarding the goods supplied and the supplier had charged higher rates, it was the duty of the appellant to point out the correct rate and accordingly, offer the price according to such rates. Once the appellant had not offered any such amount to the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. The supply was restarted with you and on an assurance given by you that the irregularities in your previous contract (Refer Nitin Trading Corporation) occurred would not continue any more." 6. Plain reading of the above portion of the letter dated 5-3-1994 discloses that there were no particulars disclosed in any manner by the appellant as regards either the quality of the goods supplied or regarding the rates of the goods supplied to the appellant. A vague statement to the effect that he had charged higher rates in comparison to the prevailing market rates or that the goods supplied were of inferior quality by itself is not sufficient to say that there was a bona fide dispute raised regarding the goods supplied. It was necessar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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