The learned advocate for the petitioner has moved a draft amendment. The same is granted and may be carried out, within two days from today.
Heard Mr.Bharat Jani, learned advocate for the petitioner. It is submitted that the petitioner is a Private Limited Company engaged in the business of manufacturing power and distribution of transformers, and in the business of manufacturing industrial and transformer oil. The respondent Company has been purchasing Tashoil-Transfash-50 oil from the petitioner Company on regular basis and the petitioner Company has been supplying the goods through its transport Company as ordered by issuing tax invoices and delivery challans. Moreover, the respondent Company has acknowledged the receipt of the goods supplied by the petitioner Company. It is further submitted that eleven such transactions in respect of supply of goods have taken place between the petitioner Company and respondent Company. However, in spite of repeated requests made by the petitioner Company payment for the goods supplied by the petitioner Company has not been made by the respondent Company. That the petitioner Company is entitled to recover an amount of Rs.84,46,352/- as on 31.08.2012, as per the calculation annexed at Annexure-K. It is entitled to interest at the rate of 18% per annum from 01.09.2012 till the actual payment. It is further submitted that the petitioner issued a statutory notice to the respondent Company and its Directors on 18.05.2012 by Registered Post A.D., which has been received as per the acknowledgment receipt that has been placed on record as Annexure-H. In spite of the same, no reply has been given by the respondent Company and nor have the dues been paid.
Issue Notice returnable on 08.10.2012.
(Smt.
Abhilasha Kumari, J.) Gaurav+