9911796707
TMI Blog2012 (8) TMI 725X X X X Extracts X X X X X X X X Extracts X X X X ..... orated are to design, develop, manufacture and promote high tech projects, products such as to carry on the business and promote research, design and development in the field of electronics, software, hardware and aeronautical systems required for aviation, aerospace and satellite projects. 3. The respondent-company approached the petitioner for certain IT Products and Services in the nature of 'Universal Test Jig Manpower Cost for Testing of Video Switch Card'. In pursuance whereof, the same was reduced in writing and a proposal was made by the petitioner-company in terms of Annexure-A. Based on the same, the respondent-company accepted the said proposal and issued a purchase order on 19.06.2009. The copy of the purchase order is at Annex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court. The petitioner has suppressed the material fact that it had supplied defective products and even after repeated requests by the respondent, the petitioner failed to rectify the same which resulted in considerable loss to the respondent. It is contended that the proposal sent by the petitioner was accepted by the respondent and the respondent admits that he has sent the purchase order. But the respondent denied the contention of the petitioner that he has executed the work from June 2009 to September 2009 and provided the services as required by the respondent. It is contended that various correspondence were sent to the petitioner with regard to the error in the products and requested them to rectify the said defects. It is conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company. Therein, they have noted the seven points which arose with regard to the software which were noted during the demo of Video Switching Card and the same has been narrated therein in an email dated 24.09.2010. Ever since then, the respondent has brought it to the notice of the petitioner the various points that arose during administration of Video Switching Card as a result of the non-satisfactory job rendered by the petitioner. 7. On the other hand, the petitioner's counsel relies on the rejoinder to the statement of objections in terms of Annexure-L dated 02.10.2009 which is written by them to the respondent stating that in terms of the discussion held on 30.09.2010, they have prepared the plan of action and the points as raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in loss of business opportunities. It is the further case of the respondent that in view of the fact that the product received by them was found to be defective, the respondent had to rework on the said product and hence the respondent approached HAL for reworking on the defective products, due to which it incurred huge expenditure. As a result of such rework and delay in delivery of products, the same resulted in loss of business opportunities. 11. Under these circumstances, I am of the considered view that the petitioner has failed to make out a case of winding up. The plea of the respondent that the petitioner has supplied the defective products and that the various amounts has been spent by it to rectify cannot be considered lightly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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