2018 (7) TMI 1231

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....he petitioner company was to purchase the products of the respondent company, namely, books and then market and distribute the said products. The petitioner purchased various books from time to time worth Rs. 87,24,781/-. Necessary payments have also been made to the respondent company. 3. However, over a period of time it transpired that the books purchased by the petitioner from the respondent company were not moving and had no buyers/takers in the market. As a consequence, the petitioner company was left with a huge inventory and piled up stock of the unsold books. Hence, the petitioner requested the respondent company to take back the unsold books and remit the amount due on account of return of the books. It is pleaded that the unso....

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....ure purchase orders." 7. It is quite clear from the perusal of the above so called acknowledgement that respondent was acknowledging the amount of Rs. 66,24,136/- stating that the said pending amount would be adjusted only against future purchases. 8. To the same effects are some of the emails which were sent later in time which show the stand of the respondent company that they would adjust the payment against future orders that may be received. 9. In fact, I had pointed out to the learned counsel for the petitioner that the respondent would be obliged to take back unsold books and refund the prices only in case there is a specific provision in the agreement between the parties. The learned counsel for the petitioner has failed to....