Pinaki Chandra Ghose, J. - (1.)After considering the facts as pleaded in the petition and the submissions made by the learned Advocate appearing on behalf of the petitioning creditor and the company it appears that excepting the particulars of the bill which has been specifically stated in paragraph 9 of the petition the Company has already paid the bill dated 9th September, 1999 Bill No. TSI/1999-2000/073, Bill dated 31-12-1999 being No. TSI/1999-2000/110 and dated 3-1-2000 being No. TSI/1999-2000/112.
(2.)The dispute has been taken by the Company since according to them the machinery which has been supplied by the petitioning creditor is not working properly and the letter had also been addressed to the petitioning creditor by the Company but it appears that the facts stated in the said letter are little bit confusing. So the statement made in the said letter cannot be taken as the fact really stated by the Company in respect of the said machine in question. The amount which has been stated and dealt in the said letter addressed by the company to the petitioning creditor is appearing in the letter dated 4th July, 2000. However, there is no dispute that the said machine and the accessories which have been supplied by the petitioning creditor to the company under bill dated 20th January, 2000 being bill No. TSI/1999-2000/125 for a sum of Rs. 82,781 and the bill dated 29th December, 1999 being No. TSI/1999-2000/105 being a sum of Rs. 2,21,522 is due and payable by the company to the petitioning creditor excepting there is only a dispute as has been pointed out to me by Mr. Basak that the said machine is not functioning properly. In view of that there cannot be said to be that the petitioning creditor is not entitled to get the said amount.
(3.)Hence the company is directed to secure the said claim by furnishing security either by way of Bank guarantee or by way of cash in favour of the Registrar, O.S. and further part of the claim of the petitioning creditor is relegated to the suit. Such security is to be furnished within 3 weeks from date.
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