9911796707
TMI Blog2020 (5) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... Private Limited (hereinafter called "Corporate Debtor") alleging that Corporate Debtor committed default in making payment to the extent of Rs. 54,02,387/- along with the interest @ 18% p.a., by invoking the provisions of Sections 9 of I&B Code (hereinafter called "Code") read with Rule 6 of Insolvency & Bankruptcy (AAA) Rules, 2016. 2. The Corporate Debtor issued Purchase orders No. 4500006892/25.07.2017 and 4500006894/26.07.2017 and further amended the Purchase Orders from time to time as per the requirement suggested by the Project Implementing Agency. 3. The Petitioner was getting the machines manufactured from its vendors as per the specified technical requirement enumerated in the above said purchase orders and kept the same ready ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DAWASA is "Dares Salaam Water and Sewage Authority" which is located / situated abroad namely, in the United Republic of Tanzania. b. The Petitioner company after being satisfied with Corporate Debtor's reputation, have approached the Corporate Debtor to have business relationship with the Corporate Debtor for manufacturing and supply of Pumpsets, by making representation that they have requisite experience and expertise in manufacturing of the said product. c. The Corporate Debtor had believed the said representation on behalf of the Petitioner to be true & genuine, and decided to place the Purchase Order No's. 4500006892 dated 25-7-2017 and 4500006894 dated 26-7-2017 on the Petitioner with regard to the Pumpsets of various si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase orders. g. The Corporate Debtor vide email dated 5-8-2019 informed about the closure of purchase orders in view of the termination of contract with DAWASA due to which no early execution was in-sight but also shared the contact details of the concerned persons of the Project Implementing Agency as per the request of the representative of the Petitioner company purely in the interest of salvaging the unforeseen situation and most importantly for the Petitioner for exploring the best possibilities of supplying the underlying materials to the Project Implementing Agency, DAWASA directly. h. It is the matter of record no supply of the materials was done by the Petitioner. The Corporate Debtor further say that it is also not the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019. This fact has been suppressed by the Petitioner. 9. The Petitioner filed the rejoinder on 10-12-2019 and denied the contents of the reply filed by the Corporate Debtor. The Petitioner at para 7(d) of the rejoinder stated as follows: (i) With reference to paragraph 8 & 14, the contents in the said paragraphs are vehemently opposed and denied as the said are bad in law as well as misrepresentation of the facts. The Petitioner claimed that no representative of the Project Implementing Agency DAWASA has visited from Tanzania for inspection till date except for TPI (Third party inspection agency BVIL) appointed by the Corporate Debtor. The material against the orders was ready on the first occasion on 3-11-2017, 17-11-2017 and 6-12-2017. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia to send invitation letter required for visa processing. On 5-8-2019, the Corporate Debtor unilaterally informed this Petitioner the termination of Corporate Debtor main contract with the project implementing authority-DAWASA. The summary of dates and events is hereto annexed marked as exhibit R-1 for immediate reference. 10. Ongoing through the averments in the Petition, defence in the reply, statements of the Petitioner in Rejoinder and after hearing the counsels for the Petitioner and Corporate Debtor, it can be said that though the purchase orders were placed with amendments from time to time, post inspection of the said machines, the machines were not delivered to the Corporate Debtor. The Corporate Debtor's email dated 5-8-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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