2001 (8) TMI 1237

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....In pursuance of the notice issued by this Court on 18-7-2000, the respondent-company has filed a counter affidavit of Shri Ashok Mitra on 4-4-2001. A rejoinder affidavit of Shri Onkar Agarwal was filed on 12-4-2001. A supplementary counter-affidavit has also been filed. On 10-7-2001, the respondent-company was granted opportunity of filing the accounts of the applicant-company, maintained with the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lity and that in fact the liability was acknowledged on the confirmation of account on 24-3-1999, and thereafter on 14-12-1999, a request was made by the respondent-company that due to certain constrains they are unable to make the payment at that time with the assurance that the demand draft shall be sent against outstanding balance on 27-1-2000 and in case the respondent-company is unable to sen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t that the claims of the applicant-company are highly excessive as substantial amount has to be recovered after reconciling the account. It has also been alleged that the respondent-company has to recover about Rs. 4 lakhs towards the purchase of car and some other amounts are also to be paid. 4. The court finds that the defence is not only vague but has been put up without substantiating it by....