2012 (12) TMI 1258

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....pondent herein challenged the order of admission in OSA No.5 of 2012. The same came to be dismissed on 30th August, 2012. 3. The petitioner is a company incorporated on 24th April 2006 as a Private Limited Company and doing business of selling, reselling and exchanging, etc. and dealing in all relevant components of computers. The respondent had approached the petitioner to hire the computes and laptops, by entering into an agreement. In view of the agreement, the respondent had hired computers, laptops, and peripherals from the petitioner. As such, the respondent is due to the petitioner in a sum of Rs. 54,01,595/- of which Rs. 34,60,096/- has been paid and the remaining amount due to the petitioner is Rs. 19,41,499/-. Since the said am....

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....ght of the materials produced in the petition. Annexure-E series is the invoices and the same has been acknowledged by the respondent by putting seal and signature, which is available in the petition. The laptops hired by the petitioner were not returned for which invoice has been raised and forwarded to the respondent on 25th September 2010 for a total amount of Rs. 5,65,500/-. The same has been acknowledged by the respondent by putting seal and signature. The statutory notice dated 15th July 2010 sent to the respondent is also produced as Annexure-M and acknowledgement is also seen in the petition. 4. Statement of objections has been filed by the respondent in which denial has been put forth. In the statement of objections the responde....

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....efore the Appellate Court that the respondent company has returned the 29 computers and paid the entire amount due to the petitioner, the same has not been accepted by the Appellate Court. It has been further observed by the Appellate Court that "at an undisputed point of time, the Managing Director of the appellant company has admitted the liability and sought for time to repay the money". This reference made by the Appellate court further strengthens the case of the petitioner that the respondent had admitted the debt payable to the petitioner. What has been referred in Annexure-A at page No.13, the same entry also has been examined by the Appellate court. When the case of the parties have been examined on two occasions by this Court as w....