SANJIB BANERJEE,J. - (1.) The principal quantum of the claim is to the tune of Rs. 42,000/- on account of price of goods sold and delivered. There is no dispute that the petitioner supplied to the company goods of a total value of Rs. 5,07,267.98 and raised bills therefor. According to the company, it has received payment of Rs. 4,64,737.78, leaving an unpaid balance of Rs. 42,530.20.
(2.) The short statutory notice of the petitioner issued on December 21, 2009 called upon the company to pay such amount of Rs. 42,530.20 together with interest at 18 per cent per annum and the sales tax declaration form. The company did not respond to the notice.
(3.) In the affidavit filed on behalf of the company, it has referred to a letter dated July 23, 2008 issued to the petitioner by which the company complained that a part of the supply under a particular invoice was received by the company in a damaged condition. The company also appears to have informed the petitioner that it intended to deduct a substantial amount from the money payable under the relevant invoice. The company refers to the receipt issued by the petitioner on September 24, 2008 upon receiving payment of a sum of Rs. 1,38,257.86 against the invoice of Rs. 1,80,788.06. It appears a sum of about Rs. 42,000/- was deducted by the company in making payment to the petitioner against the relevant invoice. The company says that it was the exact amount that is claimed by the petitioner which was deducted from the relevant invoice.;