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2015 (10) TMI 1019 - HIGH COURT OF CALCUTTA

2015 (10) TMI 1019 - HIGH COURT OF CALCUTTA - TMI - Recovery of debts Payment of salaries of personnel manning the kiosks Petitioner asserts that agreement between the parties did not authorise the company to pay the personnel engaged at the kiosks and payment so made cannot be adjusted against the bills raised Respondent contends that petitioner failed to satisfy the terms and conditions of the contract and emphasised that it would pay the outstanding bills provided the salaries of person .....

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ion kiosks at 29 locations under the licensing area of West Bengal State Electricity Distribution Company Limited on behalf of the company. The petitioner claims that there is an amount in excess of ₹ 9.90 lakh in principal that remains payable by the company to the petitioner in respect of the bills raised by the petitioner. The statutory notice was issued on July 16, 2012. In response to such notice, the company asserted on August 6, 2012, inter alia, that the petitioner had failed and n .....

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ay 20, 2010. The company engaged the petitioner as a sub-vendor for the day-to-day operations of the automated collection kiosks at 29 locations in the licensing area of WBSEDCL. According to the company, the petitioner was required to engage personnel to man the booths for 14 hours each day. The company claims that the salaries of such personnel ought to have been paid by the petitioner. According to the company, upon the petitioner failing to pay the salaries of such personnel and the personne .....

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e and owing from the company to the petitioner, which the company is agreeable to pay off immediately. The petitioner says that the company s defence in its affidavit is at variance with the stand taken in its reply to the statutory notice. The petitioner asserts that since the agreement between the parties did not oblige or authorise the company to pay the personnel engaged at the kiosks by the petitioner, the payment, if any, made to such personnel cannot be adjusted against the bills raised b .....

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nt that the outstanding salaries will be paid of CSP s. We expect you to do that latest by today. Secondly, we will be clearing the outstanding bills by 31st March provided you pay the salaries and carry out the operations in good condition which includes regular banking. It is evident from such communication which was issued a year prior to the statutory notice of July 16, 2012 that the non-payment of the salaries of personnel engaged by the petitioner at the kiosks was an issue between the par .....

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rsonnel. Certain names have also been indicated. The petitioner has not either demonstrated that these payments were not made by the company or that the personnel to whom the company alleged to have made the payments did not receive the same. Though the petitioner contends that the company was not required to make such payment, but the fact that the company may have made the payment and may have adjusted the same against the bills raised by the petitioner on the company cannot be wished away. In .....

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