2012 (12) TMI 1254

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.... 2009 is taken up for hearing. 4. The claim is on account of price of goods sold and delivered. Pursuant to purchase orders issued by the company on the petitioner in October and November, 2007, the petitioner supplied calcined petroleum coke of agreed specifications of size 0-1 mm to the company and duly raised invoices therefor. There is no dispute that the company received the goods and accepted the invoices. The petitioner says that four of the bills remain outstanding: the bills dated November 13, 2007 and November 28, 2007 pertaining to supplies made at the Burdwan unit of the company; and, the bills dated November 21, 2007 and December 8, 2007 pertaining to supplies effected at Cuttack unit of the company. 5. The company says that ....

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.... 1, 2008 also demanded the balance payment of Rs.9,01,157/-. A subsequent reminder for payment was issued on April 24, 2008. 7. The company replied to the petitioner by a letter of May 2, 2008 where the company asserted that it had required the petitioner to ensure that the dust content in the supply was not more than 48% but the petitioner had apparently failed to adhere to such condition. The company did not, however, deny the receipt of the goods nor does the letter of May 2, 2008 reveal that the company had any grievance as to the quality of the goods save the complaint relating to the size. 8. In response to the statutory notice of September 25, 2008 issued on behalf of the petitioner seeking payment in respect of the four bills, les....