TaxTMI 
TaxTMI 
TaxTMI 
2020 (4) TMI 348
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....t by name AP State Wide Area Network (APSWAN) Project in the year 2010, in which the TCS was the principal vendor to the said project. The said project continued from 2011 to 2015 and the STPL remained involved in it with manpower of 300 plus employees as a sub-vendor. (b) It is stated that in the year 2015 Andhra Pradesh Government has invited Limited Tender Call for Facility Management & Maintenance Services (FM&MS) contract dated 30-10-2015 for APSWAN (Information Technology, Electronics & Communications Department, Govt. of Andhra Pradesh). The Corporate Debtor also wanted to submit the bid for the above mentioned projects by name APSWAN & Telangana SWAN, but was not entitled for the said bid, on account of the fact that M/s. Akshara Enterprises was a Partnership Firm and the eligibility criteria required to participate in the bid was that either the bidder itself should be a corporate entity or it should be supported by a Consortium Agreement with a company. As such the Corporate Debtor approached the Operational Creditor and entered into Consortium Agreement dated 30-10-2015 with the terms and conditions as stipulated therein. (c) It is stated that as such Corporate Debto....
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....Authorities upto May, 2017. The Corporate debtor besides utilising the services of Operational creditor has also started approaching the employees of Operational creditor and offered jobs in their company, which is absolutely violative of their agreement terms and e-mails dated 8-2-2016 were issued to corporate debtor bringing to their notice about the breaching of terms by soliciting their employees and not to repeat the same and also requested to arrange to make full or interim payout for the service rendered by operational creditor and also issued e-mail dated 3-2-2017 intimating that STPL is no longer in position to extend its services to APSWAN & TSWAN projects without receiving the due compensation and informed to withdraw from providing services effective from 4-2-2017. (g) It is stated that as the corporate debtor failed to stop their investigations against the staff of operational creditor, the Operational Creditor finally sent a mail as stated in the above para informing that they are withdrawing the support in APSWAN and TSWAN projects vide mail dated 3-2-2017. The Operational Creditor on 22-9-2017 raised cost sheet for the services rendered by them for MHQ, DHQ & SHD ....
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.... on its own. It is stated that the Respondent also performed the works which were ought to be performed by the Petitioner. It is further stated that due to Petitioner's non-performance of its duties in accordance with the service order and consortium agreement, the Petitioner is not only in the breach of the contract but also caused severe losses to the Respondent Company. c. It is stated that the Petitioner frivolously started raising claims against the Respondent stating that the Respondent is in debt to the Petitioner and also issued a letter to the government authorities stating the same. However, the Respondent has been disputing the claims/allegations of the Petitioners since the very beginning and duly informed the Petitioner that no amounts are to be paid and the Respondent is not in debt of any amount to the Petitioner. d. It is stated that the Petitioner further alleged that, the Respondent has been poaching the employees of the Petitioner, however, such claims are raised without there being any basis and material allegations. It is not out of place to mention that the Petitioner has raised such case only for the purpose of the present application. On the contrary....
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....he Petitioner miserably failed to provide any services and therefore no invoices were raised by the Petitioners as per the terms of the Purchase Order. Therefore, the Corporate Debtor has denied the claim of the Petitioner. 7. Upon perusal of record, this Adjudicating Authority observes that out of four quotations, only one Purchase Order was issued by the Corporate Debtor on 18-1-2016 and the Terms of said purchase order are as under: "(1) Price: Inclusive of all applicable taxes. (2) Payment Terms: Quarterly. Akshara will make eligible payment (Quarterly Guarantee Revenue -QGR) after deducting penalties if any on Quarterly basis after certifying by Third Party Auditor (TPA) for SWAN project, as per terms and conditions mentioned in the Tender. STPL should provide support and maintenance for the APSWAN from the date of partial acceptance testing. STPL should request for payments, they shall be made at the end of each quarter by invoices along with the following supporting documents: i. Performing statistics ii. Log of network parameters along with Service Down time calculation and Uptime percentage. iii. Any other document necessary in support of....