9911796707
TMI Blog2022 (6) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the Companies Act, 2013 having expertise of highly specialised biosafety laboratories dealing infectious micro organisms. Accordingly, vide its letter dated 24.04.2012 awarded a work contract to M/s. ERA Infra Engineering Ltd. for the construction and upgradation of NCDC for an amount of Rs. 199.02 crores and the Corporate Debtor vide letter dated 07.08.2014 appointed the Operational Creditor as a sub-contractor for carrying out work. Therefore, several purchase order amounting to Rs. 49.08 Crores were issued to the Operational Creditor by M/s. ERA Infra Engineering Ltd. pertaining to the construction/upgradation of NCDC New Delhi. Accordingly, invoices were raised upon the M/s. ERA Infra Engineering Ltd. by the Operational Creditor fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly verified the claim of the Operational Creditor to the extent of Rs. 51.79 lakhs and was unable to verify the remaining amount. Thereafter, the Operational Creditor filed a Writ Petition bearing No. 12427/2021 under Article 226 of the Constitution of India seeking various reliefs against the Respondent. Which inter-alia includes an amount of Rs. 7.87 crores, termination of contract awarded to the Operational Creditor by the Corporate Debtor, to release the performance bank guarantee of Rs. 1.80 crores and to pay the remaining amount to the Operational Creditor under a separate claim. The said writ petition was listed on 08.11.2021 and the said writ petition is still pending. 5. Further, it is also submitted that the Corporate Debtor agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard, Record has been thoroughly perused. Undisputedly, the contract was given by NBCC to M/s. ERA Infra Engineering Limited and there was no agreement executed between the Applicant and the Respondent herein. No such agreement has been placed on record, whereby ERA Infra Engineering Limited might have been authorised to engage the sub-contractor and for that purpose the Respondent can be held liable and vice-versa. In this context, the affidavit has also been filed on behalf of Applicant stating that no such contract was ever executed between M/s. ERA Infra Engineering Limited as well as the Applicant herein with respect to the completion of the contract with the Respondent. Although, the vide letter dated 03.11.2017, the Corporate Debto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d is already under-going CIR proceedings vide order dated 08.05.2018. Further, the responsibility has been owned by the Respondent to make the payment out of the due payment of M/s. ERA Infra Engineering Limited, if any, against the work done by the present applicant. It is also worthwhile to mention that the present applicant has fairly admitted that it has filed a claim before Ld. R.P. appointed qua the M/s. ERA Infra Engineering Limited, which was rejected stating that only a sum of Rs. 51,79,028 are net payable and rejected the rest vide e-mail dated 04.04.2019. 9. From the record, it is not proved on the record that there was any privity of contract between the applicant and the Respondent herein except to the extent that one letter, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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