https://www.taxtmi.com/caselaws?id=368747 A commercial liability for detention charges may arise by implication from the parties' conduct even without a written agreement, and a defence based on agency of a disclosed principal under section 230 of the Indian Contract Act, 1872 was rejected on the facts. The company's admission that the containers were returned to Kolkata on 28 November 2015 established liability for detention charges at the agreed rate for the intervening period. The wider claim beyond the admitted debt was treated as requiring trial in a regular suit, so the winding up petition was admitted only to the extent of the admitted amount, with a direction to secure the disputed balance. en-us Fri, 28 Sep 2018 00:00:00 +0530 Sat, 13 Oct 2018 15:06:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=368747 A commercial liability for detention charges may arise by implication from the parties' conduct even without a written agreement, and a defence based on agency of a disclosed principal under section 230 of the Indian Contract Act, 1872 was rejected on the facts. The company's admission that the containers were returned to Kolkata on 28 November 2015 established liability for detention charges at the agreed rate for the intervening period. The wider claim beyond the admitted debt was treated as requiring trial in a regular suit, so the winding up petition was admitted only to the extent of the admitted amount, with a direction to secure the disputed balance. Case-Laws Companies Law Fri, 28 Sep 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=368747