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TMI Blog2017 (1) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... Company or its parent Company-PTC to the satisfaction of the respondent-Company. In the view of the settled legal position, these kind of disputes about the complete execution and implementation of the contract, cannot be gone into in the winding-up jurisdiction of this Court and it cannot be said that the liability of the respondent-Company in the present case is admitted or undisputed and in such cases, the only appropriate civil remedy is by way of filing a civil suit for recovery of money or any other appropriate remedy like Arbitration etc., and the winding-up petition cannot be converted into a money recovery suit as is sought to be done in the present case. Thus, the winding-up petition against the respondent-Company is liable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the purchase order, your Client supplied the Software and corresponding payment was made by our Client to your Client. The implementation process was categorized into 4 (four) milestones and payments had to be made by our Client after completion of each milestone. Moreover, your Client had to complete all the milestones within a period of one year from the date of delivery of the Software for its effective implementation. iv. However, for the reasons best known to your Client, your Client completed only the first two milestones during the first year and our Client promptly made payments for the said milestones to your Client. Your Client informed our Client that the last two milestones could not be implemented as software updates pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... viii. Your Client s responsibility to complete the milestones as agreed between the parties for effective implementation of the Software was independent to our Client agreeing to take the AMC. Since your Client failed to fulfill its obligations by not implementing the last two milestones as was agreed between the parties, our Client did not proceed further with the purchase order pertaining to the AMC. 3. Mr. Arun Sri Kumar, learned counsel for the petitioner-Company urged before the Court that the contractual obligation of the petitioner supplier, which is an Indian Distribution Company for the American Company - Paramateric Technology Corporation (PTC), had supplied the License Keys vide Purchase Order viz ., PO No.4200000110 vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llation Charges of ₹ 8,37,383.94/- as per the Purchase Order at Annexure- D dated 18.03.2014, which amount they are also claiming under the statutory notice served on the respondent-Company even now, though which Software was never installed by the petitioner-Company. 5. Learned counsel for the respondent-Company also submitted before the Court that mere supply of the Code Keys vide Annexure-P e-mail dated 31.03.2014 was not sufficient, as the respondent-Company never actually downloaded the said Software without the same being installed at its business place for which the respondent- Company had agreed to pay the Installation Charges to the extent of sum indicated above. Thus, on account of non-execution of the contract in ques ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supply of the Code Keys with liberty to the respondent-Company to download the same, which fact itself is disputed by the respondent-Company, and in the absence of evidence being produced on record by the petitioner-Company of the said Software actually being downloaded by the respondent-Company in pursuance of the License Keys supplied to the respondent-Company, no clear finding can be arrived at this stage because the contract was required to be executed and implemented by the petitioner-Company or its parent Company-PTC to the satisfaction of the respondent-Company. 7. In the view of the settled legal position, these kind of disputes about the complete execution and implementation of the contract, cannot be gone into in the winding-u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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