1999 (2) TMI 565

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....at considering invoices bearing Nos. A-4 and A-5 the sum of around Rs. 10 lakhs was in consonance with the agreement of the parties. Thereafter Company was directed to deposit Rs. 8 lakhs with direction to the petitioner to file a suit. The company aggrieved by the said order, prefered an appeal. By order dated 3-4-1998 the Division Bench of this Court modified the order to the extent that the com....

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....on the company. It is also contended that the petitioner has over-billed the company and also that the work was not to specification. The petitioner had served statutory notice on the company dated 10-9-1996. The work had been completed by November, 1995. In pararaph 2 it was averred that the work was done to the satisfaction of the company and invoices had been raised which are received and accep....

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....nt less the amount paid and that some amount is refundable. In response to paragraph 5, the only contention is that the invoices were valid and figures were inflated. A reply has been filed to the petition by Shri Dinesh Nandwana and a rejoinder by Shri Ram P. Awasthi on behalf of the petitioner. After perusing the statutory notice, the reply thereto and the averments in the reply and the rejoinde....

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....ly to the petition. To my mind these defences are neither bona fide nor credible. However, considering the facts and circumstances, the following order :- 3. Company to deposit within eight weeks a sum of Rs. 4 lakhs and furnish bank guarantee in an amount of Rs. 4 lakhs to be kept alive in terms of the directions to be given hereinafter. On such deposit and furnishing bank guarantee. The compa....