TaxTMI 
TaxTMI 
TaxTMI 
2017 (8) TMI 253
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....ypsum in accordance with various bills of lading through sea transport. The shipments were duly received by the respondent. In addition, the petitioner claims to have incurred crane charges for Gearless vessel: MV RODON on behalf of the respondent company for USD 55,425.23 against which a debit note was raised on 21.04.2013. The copies of invoice dated 09.05.2013; the Bills of lading as also the debit note dated 21.04.2013 are annexed with the petition. Hence, a total amount of USD 8,00,325.23 was due and payable by the respondent to petitioner. Though towards discharge of its liability the Respondent had made some part payments but still an amount of USD 2,43,925.43 is due and outstanding against it. The detail of the amounts so received o....
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....t margin of respondent. The petitioner and M/s Dhofar then started doing business with ACC and various other parties of the respondent. The respondent vide its email dated 15.10.2013 protested the breach of the business arrangement and also about a loss of Rs. 3.60 Crore caused to it, and demanded reimbursement vide email dated 24.03.2015. It is alleged by the respondent that the petitioner company has since been taken over by a new management, - not aware of its earlier arrangements is simply feigning ignorance over the claims of the respondent. The defence is the petitioner is rather liable to compensate the respondent for a sum of Rs. 3.60 crore in view of the investments made by the respondent and for the losses suffered by it on accoun....
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....e for loading of Gypsum in the quantity of 71.96 MT to vessel MV RODON for USD 55,425.23 is filed. 8. The correspondence between the parties makes an interesting reading. Email dated 21.06.2013 at 01.33PM sent by Mr.Akhil Singh of the respondent company reads as under:- "Dear All, As stated and hereby we are committing that we will provide you the swift for Balance Payment of MY Stelios B Maximum by Tuesday hence we are trying to make the things possible by Monday itself. We request you to kindly bear with us till the said time. best regards, Akhil Singh" Email dated 25.06.2013 at 12.04PM sent by Mr.Rohit Khurana of respondent reads as under:- "Dear Mr Alam, We are sorry for the inconvenience, Today we are....
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...., hereby we request you to kindly send LIA documents as we need to shift material from port. regards. Akhil" Email dated 02.07.2013 at 18.06 HRS from Mr.Rohit Khuarana of respondent company reads as under:- "Dear Mr Alam, Kindly find the swift copy for remittance of USD 386,261/- against invoice no. 0089 of M V L1A. Due to some banking formalities our banker were unable to remit the M V Stelios B payment. Meanwhile we request you to send the M V Lia documents. Regards Rohit." Email dated 26.07.2013 at 17.25 hrs sent on behalf of respondent company reads as under:- "Dear Stelios balance swift will send you on Monday. Regards, Akhil" The petitioner's email dated 27.07.2013 at 13:59:43 hrs is as under: "Dear....
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....omised to make the payment of outstanding dues umpteen times no payment was made. A statutory winding up notice was thus given on 25.02.2015 to the respondent company requiring it to clear the amount due within 21 days, served upon the respondent on 03.03.2015. The respondent did not respond. 10. The emails above do show the respondent never raised any objection qua the quality of the goods or deficiency in service. The case now put by the respondent is it has been paying the petitioner not for the purchase of the goods but contributing as an investment and when the petitioner started dealing with ACC directly in connivance with M/s Dhofar it caused huge loss to the respondent. If that was so, then why its emails did not reveal an iota of ....