2017 (12) TMI 977
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....aring of the petition at one stage, learned advocate Mr. Soni for the respondent company stated before the Court that the respondent was ready and willing to make payment of the outstanding dues of the petitioner in installments and he sought time to enable the respondent to chalk out the modalities of the payment with the petitioner. However, since the respondent did not come with any positive response to make payment, it seemed to the Court that the respondent had taken U-turn. It appears that the respondent company sought to raise dispute by stating that the petitioner could be given only admitted amount. The Court however admitted the petition but as observed in the order dated 29.6.2016, as a last opportunity, the order for publication....
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....mpany to the statutory notice. Mr. Jani submitted that though the respondent had initially not taken any dispute against the amount of Rs. 9,29,500/- outstanding and payable by the respondent company to the petitioner, as an afterthought and by taking U-turn after showing willingness before this Court to pay the entire amount of Rs. 9,29,500/- claimed by the petitioner, the respondent company now seeks to rely on the report of the Chartered Accountant to dispute its liability for payment of the remaining amount. He therefore, submitted that since the reply affidavit now filed by the respondent company is to back out from the statement made before this Court to pay the entire dues of the petitioner against the respondent company, the Court m....
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....company and calculated the net outstanding payable and he sent email regarding net outstanding payable along with email correspondence for wrongly raised Detention charges and Swing Motor Damage charges. With the Affidavit-in-Reply, copies of the email correspondences are also placed on record. On behalf of the respondent company, one Additional Affidavit is also filed with ledger account for the period from 1.4.2015 to 31.3.2018 to show that before the Income Tax department, the respondent company reversed the entry as regards the outstanding dues of the petitioner which was originally shown in the ledger account upto March 2015 and that no additional tax benefit was taken by the respondent. 7. The Court finds that though the reply affida....