- (1.) The Court : Though the company was not represented in three of the previous petitions which have been admitted earlier today, Advocate for the company has appeared in this matter at the time that the order was being pronounced; whereupon the company has been heard.
(2.) The claim of the petitioner is for a principal sum of Rs.5,66,079/ - on account of price of goods sold and delivered to the company. The statutory notice of December 20, 2013 was duly served on the company, but the company did not respond thereto.
(3.) In the affidavit filed by the company it has claimed that the material supplied by the petitioner was "defective and of sub -standard quality and no attempt was made to replenish the same by good quality materials in spite of several complaint lodged by the company ..." The company has appended copies of e -mail addressed to the petitioner in August, 2013 and the photographs appended thereto. The company has also relied on a previous mail of October 18, 2012 wherein it complained of some defect against a supply in respect of purchase order no. KOICAP110112/002/A. The company has also appended a copy of the petitioner's invoice pertaining to the relevant supply.;