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2002 Supreme(Del) 1800

VIKRAMAJIT SEN
MADHYA PRADESH IRON AND STIL COMPANY – Appellant
Versus
G. B. SPRINGS PRIVATE LIMITED – Respondent


Advocates Appeared:
K.Pandey, M.N.KRISHNA MANI, N.K.KAUL, N.M.Sharma, Sidharth Mridu

VIKRAMAJIT SEN

( 1 ) THIS Order shall operate in CP 366/1999 entitled madhya Pradeshron and Steel Company Vs. G. B. Springs (P) Ltd. as well as in CP 443/1999 entitled Madhya pradesh Iron and Steel Company Vs. Hohta Bright Steels (P ). Ltd. In Cp 366/1999 the Claim is for a principal sum of Rs. 73,46,674. 37 together with Rs. 13,44,990. 99 towards Interest at the rate of 21% per annum calculated upto 31. 12. 1998 A Statutory Notice dated January 6, 1999 was served on the Respondent Company which sent its response thereto in terms of its letter dated 1. 2. 1999. The defence of the Respondent is that problems commenced due to the supply of defective material by the petitioner leading to its rejection. In the Reply there is a reference to a Debit Note dated 28. 9. 1997 raised by the Respondent Company for a sum of Rs. 9,89,888. 86. Mention has also been made to the Respondent s letter dated 23. 12. 199 whereby the Petitioner was notified of discrepancies including insufficient and deficient supply of material and poor quality of material. A demand for a Credit Note was made by the Respondent company and according to it Debit Note for rs. 7,93,430. 40 was made on 20. 12. 1997. Paragraph
































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