2013 (4) TMI 476

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....d under the Companies Act, 1956, for short 'Act' carrying on business of manufacture of rubber moulded and extruded products, entered into an agreement with the respondent company also incorporated under the Act for supply of bearings and when the respondent allegedly having failed to pay the portion of the value of the goods supplied to the extent of Rs. 35,56,576/- led to a statutory notice dt. ....

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.... supplied by the petitioner to the respondent were, in fact, defective or not being a pure question of fact requires an adjudication after a trial. Hence the defence is not a moonshine defence. Since a triable issue has arisen petitioner cannot but be relegated to the Civil Court for appropriate reliefs. 4. In Divya Export Enterprises v. Production (P.) Ltd ILR 1990 Kar 1610., it is held that d....