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TMI Blog2013 (2) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... th and including the wages of the operator and other costs. The company also agreed to pay service tax at the rate of 10.3 per cent on the hire charges. The petitioner has relied on the invoices raised on the company during the period that the vibratory hammer was used by the company in course of a project in Delhi. Detailed sheets are appended to the invoices, indicating the working hours of the machine and it does not appear that the company raised any objection to the invoices or questioned the particulars in support thereof. By a letter of January 11, 2011, the petitioning-creditor demanded a payment of ₹ 21,11,937/- as outstanding from the company on account of the hiring charges. The company made substantial payments thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 2011 when it repeated that the claim had been settled and pointed out that the cheque for ₹ 4 lakh had been cleared. The statutory notice of December 27, 2011 followed from the petitioner and the company replied to the same on January 19, 2012. The company does not say that its affidavit points out any discrepancy in the invoices raised by the petitioner. The company s stand in the affidavit is the same as indicated in its reply to the statutory notice : That the entire claim was settled for lesser sum and, upon the petitioner receiving the payment of ₹ 4 lakh, no further sum remains due. The company has not relied on any material or even a letter of confirmation or even the company s writing in support of the alleged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd to the credit of such suit if it is filed within four weeks of the deposit being made by the company. Upon the deposit being made, the Registrar, Original Side, will invest the same by way of a fixed deposit in any nationalised bank having a branch within the vicinity of this Court. In default of the security being furnished within the time permitted, the petition will stand admitted for the sum of ₹ 4.50 lakh and the petitioning creditor will have leave to advertise the petition in The Statesman and Bartaman , indicating that the matter will be returnable before Court on the first available working day after the expiry of four weeks from the date of the publications being made. Publication in the Official Gazette will stand dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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