D.B.BHOSALE, A.P.SHAH
Tata Finance Ltd. – Appellant
Versus
Kanoria Sugar and General Manufacturing Company Ltd. – Respondent
2. The appellants and the respondent company had entered into a lease agreement dated 30-9-1994 whereby the appellants had leased certain machinery to the respondent company, on the respondent agreeing to pay Rs. 1,32,30,000/- as lease rentals payable in instalment of Rs. 6,61,500/- each quarter extended over a period of five years effective from 16-11-1994 till 15-11-1999. It seems that the respondent committed default in payment of the lease rentals and according to the appellants a sum of Rs. 2,70,14,476/- consisting of arrears of lease rentals and service charges is due from the respondent. To the petition, the appellant annexed correspondence between the parties including the reply dated 16-12-2000 to the statutory notice dated 17-10-2000 wherein the respondent company admitted its liability but shown its inability to pay the amount due to various factors.
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