Company prevails in service payment dispute, ordered to pay Rs. 12,999 + 8% interest.

The court found in favor of the company in a dispute over non-payment for services rendered by the petitioner. While acknowledging a due amount of Rs. 12,999, the court determined that the company had a valid defense regarding the adjustment of personnel salaries against the bills raised by the petitioner. The court ordered the company to pay the acknowledged sum within a fortnight, with an 8% interest from the date of the statutory notice. Failure to comply would result in advertisement and relegation of the balance claim to a separate suit, with no costs awarded.

---

---

Issues:
Claim for services rendered by petitioner to company, non-payment dispute, adjustment of personnel salaries against bills, triable issue raised by company's defense, principal sum due, interest calculation, stay condition, advertisement in case of default, balance claim relegation to a suit.

Analysis:
The petitioner claimed an amount exceeding Rs. 9.90 lakh for services provided in maintaining automated kiosks for the company. The company contended that the petitioner failed to pay the salaries of personnel manning the kiosks, leading to direct payments by the company. The company adjusted around Rs. 6.67 lakh from the bills raised by the petitioner towards these payments, with a remaining sum of Rs. 12,999 acknowledged as due and payable.

The communication between the parties highlighted the issue of personnel salaries, with the company linking payment of outstanding bills to the payment of these salaries. The court noted that the company's defense raised a triable issue, indicating a bona fide dispute that required further adjudication. Therefore, the court did not find the company at fault for non-payment without justifiable cause. However, the court ordered the company to pay the acknowledged sum of Rs. 12,999 within a fortnight from the date of the judgment.

The court admitted the petition for the principal sum of Rs. 12,999 along with 8% interest from the date of the statutory notice. If the company paid the sum with interest within the specified timeframe, the petition would be permanently stayed. In case of default, the court ordered advertisement in specific newspapers, with the balance claim of the petitioner to be pursued through a separate suit. No costs were awarded, and urgent certified copies of the order were to be provided to the parties upon request and compliance with formalities.

---