2013 (2) TMI 850

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....akh per month for the machine working a minimum of 26 days or 260 hours in a month and including the wages of the operator and other costs. The company also agreed to pay service tax at the rate of 10.3 per cent on the hire charges. The petitioner has relied on the invoices raised on the company during the period that the vibratory hammer was used by the company in course of a project in Delhi. Detailed sheets are appended to the invoices, indicating the working hours of the machine and it does not appear that the company raised any objection to the invoices or questioned the particulars in support thereof. By a letter of January 11, 2011, the petitioning-creditor demanded a payment of Rs. 21,11,937/- as outstanding from the company on a....

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....ested by the company. The company's next letter was issued on July 20, 2011 when it repeated that the claim had been settled and pointed out that the cheque for Rs. 4 lakh had been cleared. The statutory notice of December 27, 2011 followed from the petitioner and the company replied to the same on January 19, 2012. The company does not say that its affidavit points out any discrepancy in the invoices raised by the petitioner. The company's stand in the affidavit is the same as indicated in its reply to the statutory notice : "That the entire claim was settled for lesser sum and, upon the petitioner receiving the payment of Rs. 4 lakh, no further sum remains due." The company has not relied on any material or even a let....