TaxTMI 
TaxTMI 
2020 (1) TMI 764
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....Corporate Debtor namely, M/S. Garg Heart and Multispecialty Hospital Pvt. Ltd. is a Company incorporated on 06.02.2012 under the provisions of Companies Act, 1956 with CIN No. U85100DL2012PTC231067, having its registered Office at 8, AGCR Enclave, Karkardooma, New Delhi-110092. 3. The Authorised Share Capital of the Corporate Debtor is and Paid up Share Capital of the Company is as per the Master Data of the Company annexed. 4. It is the Petitioner's case that they had applied for tender issued by the Corporate Debtor for construction of structural work of M/S. Garg Hospital Pvt. Ltd. (Crest Hospital), situated at Vasundhara, Ghaziabad. It is stated by the Petitioner that the scheduled completion date of the work was 31.05.2017. It is further submitted by the Petitioner that the work was initially delayed since the Corporate Debtor was unable to release payments. Therefore, the date of completion of work was extended till 01.07.2018 by the Corporate Debtor vide their Letter dated 01.07.2017. 5. That the Petitioner used to issue R.A. Bills to the Corporate Debtor as required under the letter of award. On account of retention money of various RA bills retained and the ba....
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....ent. The relevant extract of one such report dated 25.04.2018 is reproduced below : "REPORT OF VISIT DATED 25TH APRIL 2018 Dear Sir, With reference to our today's site visit, we have observed few points as mention below; A) As already suggested Service floor roof curing should be done by water pounding system but still normal sprinkling curing is going on required immediate action as suggested. B) Cracks are seen on many locations on newly casket service floor, slab, because of inadequate curing or shrinkage as suggested curing should be done min. 10 days immediate action require. C) As suggested cover blocks should be placed properly in beam/slab but still few mistakes seen in today's reinforcement checking time of Ground floor (backside area) D) In Ground Floor (Backside area), undulation observed in shuttering of slab (as plate seems bent), also proper levels, gap, fillings etc. may be checked as suggested. E) Minor mistakes also suggested to rectify. Note; May please inform us one day before for slab/ beam Reinforcement checking, it would be better to complete in all respect from your end l....
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....t, the Respondent was compelled to terminate the Contract Agreement dated 31.05.2016 on 17.01.2019 intimating, inter alia, the Petitioner that all their civil works bills are under scrutiny by 3rd party (PMC). The Letter of Corporate Debtor dated 17.0.12019 terminating the Agreement is reproduced below : "To, Date: 17^th Jan 2019 Aurotech infra projects Pvt Ltd. Udyog Sheela Mahila sehkari Samiti ltd. 203, 22nd floor, 120 Mathura road, New Delhi- 110076, India Sub:- Construction of Hospital building SH: Structure, Brick Work & Plaster Work at sector-4, Vasundhra, Ghaziabad (U.P.) Ref:- Letter Awarded 31 May 2016 & contract agreement ref No GHMSH/HO/WO/OOI dated 31.05.2016. Kind Attention: Mr. Hitesh Sharma It is conveyed to you that management has decided to stop the construction work of site which was assigned to you with immediate effect. This may please be treated as notice of separation. You are advised to take all your measurement etc. within 7 days from issuing of this letterfor preparation of statement of work etc. On expire of 7th day from the date of issue of this lette....
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....d upon the Email dated 02.02.2019 to establish the pre-existing dispute between the parties: "M/S Aurotech Infraprojects Pvt. Ltd. Udyog Sheela Mahila Sehkari Samiti Ltd. 203, 2nd Floor, 120 Mathura Road, Opp. Apollo Hospital, New Delhi, Inida-110076, Kind Attention: Sh. Hitesh Sharma, Director Subject: Regarding Closure of Contract, your demobilization from Project site and final payment for the work completed. Sir, This is with reference to your mails/ letters dated 10th Jan 2019, 22nd Jan 2019 and 25 Jan 2019. We would like to give our response as below : 1 .Regarding termination of Contract: As per the agreement clause 20.0 Termination, 20.1 quote "Upon Contractor's failure to carry on the construction work with due diligence e.g. late commencement of work, low progress, sub-standard work, non-adherence to agreed time frame schedule etc. causing inordinate delay in completion of the work, or if contractor commits a breach of any of the terms and conditions of agreement, GHMSH shall be entitled to terminated the said agreement by giving 15 days' notice to contractor. "GHMSH" shall; ....
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....consolidated) for verification so that final amount payable to you may be certified by the third party. Based on the recommendation on your final bill, we would be glad to close the agreement by paying your payments. It is also to mention that at certain locations, work defects have been found and communicated to you in last 6-7 months, but appropriate actions were not taken by you. We would have to get those rectifications at your cost (the rectification work amount would be deductible from your final certified amount of the work measurement). You are requested to have patience and cooperate for the verification of the measurement of RA bills and Final bill, so that justified payable amount as per agreement can be paid to you. We would work out, if we can relax or not, the clause 7 of the agreement which deals with the compensation for delay or liquidated damages. Yours Truly, Vikash Tyagi Head Project" 17. After hearing submissions of both the parties, this Bench is of the view that the Corporate Debtor has placed sufficient material on record vide Report of Architect dated 25.04.2018, its Letter of Termination dated 17.01.2019 and ....