9911796707
TMI Blog2015 (4) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... aid through the cheque dated 15.7.2012 has been received by the petitioner and has been accounted and when there is dispute with regard to fact as to whether the balance amount claimed as interest by the petitioner is due and payable, at this stage, this Court cannot come to the conclusion that the respondents are unable to pay their debts. Even assuming for a moment that any amount is due and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to carry out certain interior work for the respondent's building. The contract was to the tune of ₹ 4,30,00,000/-and as and when work was being undertaken, the bills were being raised and part payment was being made. The petitioner contends that as per the statement of accounts maintained by them, the respondent company is due to pay to the petitioner a sum of ₹ 40,20,040/-. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reply was issued raising untenable contentions, the petitioner is before this Court in this petition. 3. The notice of the petition was ordered to the respondents who have appeared and filed their objection statement. Though the transaction between the petitioner and the respondent is not disputed, the respondent contends that they are not due to pay the amount as contended by the petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents, but, it is interest that has been calculated by the petitioner, which the respondent is not liable to pay. It is also their case that the respondent have raised certain issues with regard to quality of work performed by the petitioner and as such they intend to make counter claim in that regard. 4. In the light of the rival contentions, a perusal of the papers would no-doubt in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the conclusion that the respondents are unable to pay their debts. 5. Even assuming for a moment that any amount is due and payable by the respondents to the petitioner and even if the proceedings for dishonour of cheque has been initiated against the respondents, the same would have to be litigated in an appropriate forum and if any amount is determined as due and payable to the respondent, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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