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Showing contexts for: unsigned statement in Industrial X-Ray And Allied ... vs Jaihind Projects Ltd on 11 August, 2015Matching Fragments
therefore the respondent is not entitled to take such preliminary objection. Learned advocate has placed reliance upon the decision in the case of Welding Rods Pvt.Ltd. V/s Indo Borax And Chemicals Ltd., reported in 2002(108) CC 747. Learned advocate Mr.Pahwa thereafter referred to the provision contained in Section 74 of the Indian Contract Act and submitted that the provision contained in this Section is not applicable to the facts of the present case as the present is not a case of breach of contract by any of the parties. He further contended that the invoice which is produced at page 99 with the compilation is not in dispute. However, false dispute is raised with regard to the invoices which is produced at page 98, 101 and 103. Learned advocate submitted that condition stipulated in the work order at condition no.26 cannot be termed as penalty and therefore the submission of learned advocate for the respondent is misconceived. Learned advocate Mr.Pahwa thereafter referred to the documents annexed at page 302 to 306 of the compilation produced along with the affidavit-in-rejoinder and submitted that the respondent has acknowledged the dues. The statement of the account of the petitioner- company dated 5.10.2012 was sent by respondent itself. The contents thereof are not disputed by HC-NIC Page 30 of 39 Created On Sat Aug 15 01:00:27 IST 2015 O/COMP/1/2015 JUDGMENT the respondent and from the statement, it is clearly revealed that the balance as on 25.10.2012 was Rs.78,43,009/-. He further submitted that the only explanation given by the respondent in the affidavit in sur-rejoinder that as per the Information and Technology Act of 2000 and as per the Indian Evidence Act, e-mails produced by the petitioner-company do not satisfy the requirement of proof in the said Acts. The person who is Senior Manager has no authority to send such communication and the said document is unsigned statement. However, the said dispute raised by the respondent cannot be termed as reasonable and bonafide dispute and it is nothing but a moonshine.