2002 (8) TMI 621

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.... Rs. 20,09,108.70 leaving thereby a balance of Rs. 4,00,598.30. The company by its letter dated 9-6-2000 wrote to the petitioning creditor as follows :- "It has always been our sincere effort to pay your bills on time but due to certain unavoidable circumstances beyond our control we are unable to pay your dues on time. We regret to say that due to the untimely receipt of payments from the various State Electricity Boards, huge sums are blocked. However, we shall take every care to release your dues with the least possible delay. We regret the inconvenience caused to you. Thanking you and assuring you of our best attention always." 3. In spite of the aforesaid promise to pay the company did not pay the aforesaid dues of the peti....

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.... Money Suit No. 573 of 2000 for recovery of loss and damage arising out of consumption of the defective goods supplied by the petitioning creditor. The damage claimed is a sum of Rs. 9,49,712. 5. Mr. Chatterjee, the learned senior advocate appearing for the company, submitted that part of the goods supplied had been rejected and moreover a suit for realisation of the damages is pending. Therefore, this Court should dismiss this application in limine with exemplary costs. With regard to the promise to pay contained in the company's letter dated 9-6-2000 set out hereinabove Mr. Chatterjee submitted that this was a routine letter sent to all the creditors and it is alleged that due to inadvertence this letter dated 9-6-2000 was issued to th....

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....g two cases which have the effect of mutually extinguishing each other. If the bad quality is apparent to the naked eye, the company should not have consumed them. If the bad quality was discovered subsequent to consumption then the earlier alleged complaint with regard to bad quality is bogus. A third case has been run in paragraph 6 of the plaint alleging that the petitioning creditor requested the company to consume the goods on the alleged assurance that the company would not have to pay for the same if the quality were found bad upon consumption. Obviously, there is no iota of evidence in support of such a wild allegation. Regard being had to the common course of natural events and human conduct, existence of any such alleged assurance....