9911796707
TMI Blog2006 (1) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... as copies of the documents placed on the file. 3. As per complaint the brief facts are that the respondent-complainant company is a Government of India Enterprise. Accused No. 1 through its duly authorized Directors approached the complaint-company in April 2000 with a proposal for import of 1000 CBM Indonesian Meranti from one M/s PT. BUMITUMBUH PERKASA, INDONESIA and requested the complainant to import the goods on their behalf and promised to lift the goods as per agreement and to make complete payment thereof. The complainant was to give post dated cheque for 91.5% of the value as security along with company's undertaking for honouring the cheque. Accordingly, cheque No. 940188 drawn on Bank of Hyderabad, Noida dated 20.7.2000 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned cheque with no date. Under the second Association ship Agreement the accused was to lift the Cargo imported against 100% payment to the complainant and the complaint had paid the entire amount to the supplier but the accused failed to lift the Cargo and violated the agreement despite repeated requests, which caused heavy loss to the complainant because the complainant had to pay dumping charges as well to the shipping agent. 7. In para-10 of the complaint, it is stated that on 31.12.2001 the accused wrote a letter to the complainant and acknowledged and admitted its liability towards the complainant and sought certain concession and time to make the payment but the complainant rejected the said request and called upon the accused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m the court. 13. The facts and circumstances show that the parties had a successful earlier contract. There is no denying the fact that in the first contract a post dated cheques was given as security. Since the terms and conditions of the second contract are the same, then it is obvious that for the second contract also a post dated cheque had to be given as security. Since the first contract was concluded and the parties were having good relations and there is hardly any gap between the two contracts, it is plausible and believable on the face of it that the accused could tell the complainant to treat the earlier unused cheque as security for the second contract. The Director as also the authorized signatory had put their signatures un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cond transaction by mutual agreement but no payment whatsoever was made in the second new transaction. Therefore this judgment does not help the petitioner but may rather go to some extent in favor of the complainant. 16. As regards the averments, I have already referred to para 3 15 of the petition. The contention of the learned counsel for the petitioner that there was no averment that at the time of issue of the cheque the petitioners were in charge and responsible for running the affairs of the company. The words used in the averments are were/are and there is a substantial compliance of pleadings. The resignation of the petitioner on 21.1.2002 cannot be given importance because it is a internal matter of accused company and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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