9911796707
TMI Blog2022 (6) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, which has been written by the Respondent to the M/s. ERA Infra Engineering Limited, that too was only with request to 'due payment' if any of M/s. ERA Infra Engineering Limited. Further, on 08.05.2018 M/s. ERA Infra Engineering Limited had undergone CIR proceedings therefore, any amount lying even if any with the Respondent qua the contract with M/s. ERA Infra Engineering Limited that cannot be made payable to the Applicant herein due to 'Moratorium'. Apart that, there is a serious dispute qua the amount also, as the balance sheets of M/s. ERA Infra Enginee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 for the work carried out in construction/upgradation of NCDC Shamnath Marg, New Delhi. 3. Further, it is also submitted that M/s. ERA Infra Engineering Ltd. was unable to make timely pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition 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 agreed to act as a surety of the M/s. ERA Infra Engineering Ltd. to the Operational Creditor. Accordingly, the Operational Creditor served a demand notice dated 26.11.2021 under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant 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 Debtor has written a letter to the M/s. ERA Infra Engineering Limited that M/s. Biosafe Lab India Private Limited vide letter dated 30.10.2017 requesting them to issue a comfort lett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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, which has been written by the Respondent to the M/s. ERA Infra Engineering Limited as stated above that too was only with request to 'due payment' if any of M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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