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Ref.

NO

Date

N/59/2019 Date: 20/05/2019

NOTICE
(Registered A.D.)
To,

1. RUNWAL HOMES PVT, LTD.


Runwal and Omkar Esquare,
5th Floor, Off Eastern
Express Highway,
Opp. Sion Chunabhatti Signal,

Sion East, Mumbai. PIN 400022 IN

2. MRS, SNEHAL SUBHODH RUNWAL


(Director )

Runwal and Omkar Esquare,

5th Floor, Off Eastern


Express Highway,
Opp. Sion Chunabhatti Signal,

Sion East, Mumbai. PIN. 400022 IN

3. MR.SUBHODH SUBHASH RUNWAL


(Director )
Runwal and Omkar Esquare,
th
5 Floor, Off Eastern Express Highway,

Opp. Sion Chunabhatti Signal,

Sion East, Mumbai. PIN: 400022 IN

My client M/S. Abha Electromech Pvt. Ltd, having its

Present Office at: Flat No. 14, Above Sarja Restaurant, ITI

Road, Aundhy Pune

411007, State of Maharashtra, through its one of

the Authorized Directors Mr. Susanta Kumar

Mandal, I have to address you as under:-

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1. My client says that my client is a company
incorporated under the Companies Act, 1956. My
client is having a business of contractor in electrical
trunky projects and allied services.

My client says that you are having a business of promoters and builders.
My client says that you were implementing ownership scheme by name
"Runwal Greens" at Old Merind, Next to Wokhardt Hospital, Mulund
— Goregaon Link Road, Mulund (W), Mumbai.

3. My client says that the said project is huge residential project and
you were intending to install MSEB Substation, Cabling work of
flat mains including HT & LT Infra work for five substations,
podium lighting along with lift. My client was also interested in
carrying out the said work. After several of discussion and
negotiations were held between my client and you, you have
agreed to entrust the said work to my client.
4. My client says that at the time of negotiations it was decided that
the said work will be divided into two mam parts. In each part,
there will be separate purchase order for purchase of material
from my client and separate work order will be issued for carrying
out installation and commission work. The said arrangement was
purely for convenience and accounting purpose only.
Accordingly you have Issued two different purchase orders and
work orders for the convenience of both the parties. Even if two
separate purchase orders and work orders are issued, the same are
the part of the same project.

5. My client says that in pursuance of the said understanding, you


have issued Purchase Order No. PORGREN / 00007/ 15-16 dated
15/05/2015 and thereby agreed to purchase various electrical
goods as mentioned in the said purchase order at and for the total
consideration of Rs. 9,64,78,583/-. My client will rely upon true
and correct interpretation of said purchase order. The material
terms and conditions of the said purchase order are as under:-
a) The total purchase price is Rs, 9,64,78,583/- which is inclusive
of excise duty, levies, transport, loading / unloading with Mathadi
charges etc.

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b) The payment shall be made by you in four installments mentioned in

the said purchase order.

c) The price validity period is 12 months from the date of issue of


purchase order.
d) Bills to be submitted directly to be building department with the
approval of Project In-charge.

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Fiat No,

c.Ts .,.s

e) The delivery of material shall be in three phases mentioned in the


purchase order.

f) The 5% retention amount shall be deducted from each bill.


The retention amount shall be refunded after completion of
the work till defect liability period of 12 months expires.

g) The completion dated is 31/05/2016.

6. My client says that along with Purchase Order, you have issued
separate Work Order No. WOJMRND/01012/ 15-16 dated
15/05/2015 and thereby entrusted work of installation of podium
lighting along with lift and flat mains cable at Runwal Greens. The
total price of the said work order is Rs. 93,61,638.57/-. The
completion date is Rs. 31/05/2016. The terms and conditions of the
said Work Order are specifically given in Annexures attached to
the said Work Order. My client will rely upon true and correct
interpretation of the said Work Order. The material terms and
conditions of the said Work Order are as under:-

a) You have entrusted the work of installation of podium lighting


along with lift and flat mains cable at Runwal
Greens.

b) The total price of the said work order is Rs. 93,61 ,638.57/-.

c) The completion date is Rs. 31/05/2016.

d) My client has agreed to commence the work in three phases


mentioned in the said Work Order.

e) You have agreed to pay amount of the work to my client as per the
payment schedule given in the work order.
f) You have agreed to deduct 5% amount from each RA Bill towards
retention amount. The entire retention amount shall be returned to
my client after defect liability period of 12 months expires.
g) All unit rates shall be firmed and escalation free for duration
contract period subject to only statutory various in the taxes and
duties on undelivered equipments and machineries. However if

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delay in delivery of balance equipment or completion of installation
and commissioning is not

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4. attributable to contractor the unit rates may be
revised based on mutual discussion with Project Manager,
h) in ease of any dispute, differences etc. between the parties,
arising out of the contract, the same shall be referred to the panel
of three Arbitrators. One Arbitrator shall be appointed by each
party and third Arbitrator who shall be designated presiding
Arbitrator shall be appointed by the Arbitrators appointed by
each party
My client says that in pursuance of the said mutual understanding,
you have issued another Purchase Order No. PORGREN/
00024/15-16 dated 22/08/2015 and thereby agreed to purchase
various electrical goods as mentioned in the said purchase order at
and for the total consideration of Rs6,29,99,825/-. My client will
rely upon true and correct interpretation of said purchase order.
The material terms and conditions of the said purchase order are
as under:
a) The total purchase price is Rs. 6,29,99,825/ xvhich is
inclusive of excise duty, levies, transport, loading / unloading
with Mathadi charges etc.
b) The payment shall be made by you in four installments
mentioned in the said purchase order.
c) The price validity period is 12 months from the date of issue of
purchase order,

d) Bills to be submitted directly to be building department with


the approval of Project In-charge.
e) The delivery of material shall be in three phases mentioned
in the purchase order.
f) The 5% retention amount shall be deducted from each bill.
The retention amount shall be refunded after completion of
the work till defect liability period of 12 months + 2 months
expires.
g) The completion dated is 30/ 06/2016.

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8. My client says that along with Purchase Order, you have issued
separate Work Order No. WOJMRND/01 170/ 15-16 dated
22/08/2015 and thereby entrusted work of installation of HT

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and LT Infra work for 5 substations at Runwal Greens. The total price of the said work order is IRS. The completion
date is IRS. 30/06/2016. The terms and conditions of the said work Order are specifically given in Annexures
attached to the said work Order. My client will rely upon true and correct interpretation of the said Work Order.
The material terms and conditions of the said Work Order are as under:-
a) You have entrusted the work of installation of HT and LT Infra work for 5 substations at Runwal
Greens.

b) The total price of the said work order is Rs. 95,00, 156.94/-
c) The completion date is Rs. 30/06/2016

d) My client has agreed to commence the work in three phases mentioned in the said Work Order.

e) You have agreed to pay amount of the work to my client as per the payment schedule given in the work order

O You have agreed to deduct 5% amount from each RA Bill towards retention amount. The entire retention amount
shall be returned to my client after defect liability period of 12 months expires.

g) All unit rates shall be firmed and escalation free for duration contract period subject to only statutory
various in the taxes and duties on undelivered equipments and machineries. However if delay in
delivery of balance equipment or completion of installation and commissioning is not attributable to
contractor the unit rates may be revised based on mutual discussion with Project Manager.
h) In case of any dispute, differences etc. between the parties, arising out of the contract, the same shall be referred
to the panel of three Arbitrators. One Arbitrator shall be appointed by each party and third Arbitrator who shall
be designated presiding Arbitrator shall be appointed by the Arbitrators appointed by each party.

My client says that the execution of both the Purchase Orders and the Work Orders were totally dependent
upon the site situation. My client says that unless and until, Che flats are constructed, my client was not in a

position to carry out cabling 'o

work in each flat. As far as installation of HT and LT Infra and


installation and commissioning of lift and flat mains cabling work,
the same were also dependent upon the construction stage of
the building/ flat and availabilitv of the immediate installation
and commission work of substations

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10. My client says that in pursuance of purchase orders, my client has
sold various electrical goods to you as per the agreed specifications.
My client says that the said goods are duly acknowledged by your
Project Manager. My client says that my client submitted RA Bills for
the material supplied by my client. My client says that after due
verification from the Project Manager, bills are certified and
thereafter payment was made to my client. My client wish to inform
you that as per the terms and conditions of the purchase order, you
have agreed to release the payment within 30 days after receipt of
Invoice. However you have never made the payment in time.
Moreover you have never made payment bill Co bill. Sometimes you
have made adhoc payment, and sometimes you have made part
payment of the bill, Even the said payment was not made in time.

11. My client says that my client has given bank guarantee of Rupees
Two Crores to you towards mobilization advance amount of Rupees
One Crore. In spite of giving bank guarantee, you have paid the said
amount of Rupees One Crore to my client in installments. However
my client was really interested in completing the said work. My client
has acted upon the said purchase order and supplied the material
even though the payment of RA Bill was issued by late.

My client says that my client has sold material in pursuance of


said purchase order No. PORGREN / 00007/15-16 dated
15/05/2015 of IRS. Thus an amount of Rs

1 71 is still due and payable by you to my client. My


client says that my client has sold material to you as per
purchase order No. PORGREN/00024/ 15-16 dated
22/08/2015 of Rs. 6,29,99,825/-. Thus an amount of Rs.
69,44, 132/- is still due and payable by you to my client.

13. My client says that my client has carried out work as per the work order No. WOJMRND/01012/ 15-
16 dated 15/05/2015 to

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the tune of Rss My client submitted RA bills in respect of
the work carried out by my client. My client says that your Project In-
charge after verifying the work on the site and after verifying the
measurement of the work carried out by my client, certified the RA Bills
submitted by my client. After certification of RA Bills, you have released
the payment of RA Bills, My client says that even for the payment of
work in respect of the work order, you have never made the payment
in time. My client says that you have either made the payment adhoc
or part payment. Moreover said payment was also not made in time.

14. My client says that my client has carried out work as per the
work order No. WOJMRND/OI 170/15-16 dated 22/08/2015
to the tune of Rs. My client submitted RA bills in
respect of the work carried out by my client. My client says
that your Project In-charge after verifying the work on the site
and after verifying the measurement of the work carried out
by my client, certified the RA Bills submitted by my client.
After certification of RA Bills, you have released the payment
of RA Bills. My client says that even for the payment of work
in respect of the work order, you have never made the
payment in time. My client says that you have either made
the payment adhoc or part payment. Moreover said payment
was also not made in time.

15. My client says that my client has agreed to complete the work
of both purchase orders and work orders in time. My client
was always ready and willing to perform its part of the orders.
Accordingly my client has partly complied with both the
orders. However both the orders were not completed or
executed in time as the construction work on the site was
going slow. My client says that there is no delay and latches
on the part of my client in completing the obligations as per
the said orders. Moreover whatever material was supplied by
my client, it was strictly as per the agreed specification and of
a good quality and therefore you have never raised any

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objection as regards to the quality and quantity of the work
carried out by my client.

16. My client says that since the site was not available for
carrying out work, the initial period mentioned in both the
purchase and work orders expired. Since the period was
expired, my client requested you to extend the period so as
to enable my client to carry out further work in extension
period. Accordingly necessary email correspondence is
exchanged between the parties. My client says that since
there was delay in carrying out construction by you, you have
extended period or both the purchase and work orders for 6
months without any rate increment.

17. My client says that as per the terms and conditions of the
purchase orders, it was specifically agreed by and between
the parties that there shall be no escalation in the price
during the period of purchase order. My client says that even
during the period extension of 6 months, prices of material
were increased. However considering the business relations,
my client has not claimed escalation due to increase in
material cost. My client says that even after extension period
of 6 months, the site was not made available by you and
therefore the remaining work could not be carried out by
client. Thereafter again prices were increased. My client says
that the prices of the material were increased and therefore
my client requested you to increase the price after expiry of
extended period 6 months. However till date you have not
considered the increased price of material. Moreover you
have also not extended the period of work order and
purchase order, after the expiry of extended 6 months and
therefore, my client was unable to supply remaining material

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to you and was unable to execute balance work without valid
purchase order/ work order.

18. My client says that at your request my client has also carried
out extra work on the site. My client has also supplied extra
items (Non Tender Items) to you. My client says that you have
issued purchase and work orders in respect of some material
supplied to you and some work carried out by my client, The
remaining purchase and work orders for extra items/
materials is not issued by you till today in spite of several
requests and email correspondence. However since the work
was completed and material was supplied, my client has
issued RA Bills to you. Some RA Bills are duly certified by your
Project Manager and some RA Bills are not yet certified by
your Project Manager on the ground that the work and
purchase order are not issued. My

client says that, you are liable to pay an


amount of

towards the non tender item,


extra work uncertified bill thereoC

19. My client says that as on date of expiry


or extended period of 6 months, you are
liable to pay Rs. 71,84,326/- towards the
balance amount of RA Bill of the purchase
order No.

PORGREN/00007/ 15-16 dated 15/05/2015, FRS.

towards the balance amount of RA Bill of


the work order No. WOJMRND/01012/ 15-16
dated 15/05/2015. My client says that the
defect liability period of I year expired
on 31/12/2017. My client says that in
spite of expiry of defect liability

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period, you have not released retention
amount or Rs. 18,68 493/- to my client.

20. My client says that as on date of expiry


of extended period of 6
months, you are further liable to pay Rs. 69,44, 132/ -
towards the balance amount of RA Bill of the purchase
order No. PORGREN/00024/15-16 dated 22/08/2015, Rs.

towards the balance amount of RA Bill of


the work order No. WOJMRND/01170/ 15-16
dated 22/08/2015. My client says that the
defect liability period of 1 year expired
on 31/12/2017. My client says that in
spite of expiry of defect liability
period, you have not released retention
amount of Rs. 1 to my client.

21. My client says that thus you are liable to pay an amount
of Rs.

1,41,28,458/- to my client towards arrears


of payment of RA Bills of both the purchase
orders and you are also liable to pay an
amount of Rs. 23,39,342/- to my client
towards arrears of payment of RA Bills of
both the work orders. In addition to that
you are also liable to pay Rs. 30,09,930/-
to my client towards the refund of
retention amount of both the purchase and
work orders. My client says that, in
addition to the above amounts you are also
liable to pay Rs. 9,23,752/- in respect of
four additional/different purchase [work
orders in respect of relevant electrical
work required to be carried out in respect
of the said side. My client says that, you

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are also liable to pay Rs. 54,18,529/-
towards the extra work carried out by my
client which also includes the amount of
bills deliberately not certified

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by you in respect of the various work orders issued bv
you to my client. My client says that, you are liable to pay
total amount of Rs. 2,28,10,081/- to my client in respect of
the Work/ Purchaser Order mentioned hereinabove. My
client says that my client many times requested you to
release the said amount, however you have not released
the said amount. You have illegally withhold huge amount
of my client without any just and sufficient reason and got
wrongful gain to you and caused wrongful loss to my client.
My client therefore made various email correspondence to
you and requested to release the said payment. My client
says that the transaction between my client and you is
purely commercial transaction and therefore my client is
entitled to claim interest as per prevailing commercial
interest rate i.e. 18% p.a. from the due date till actual
realization on outstanding amount. My client has therefore
instructed me to call upon you to comply following
requisitions of my client:-

To pay Rs. 71,84,326/- towards the balance amount of


RA Bills in respect of Purchase Order No.
PORGREN/00007/ 15-16 dated 15/05/2015;
b. To pay Rs. 17,83,264/- to my client towards the

refund of retention amount;

c. To pay Rs. 10,68,012/- towards the balance amount


of RA Bills in respect of Work Order No.
WOJMRND/OIOI 12/15-16 dated 15/05/2015;

d. To pay Rs. 85,229/- to my client towards the refund


of retention amount;

To pay Rs. 69,44, 132/- tdwards the balance amount of RA


Bills in respect of Purchase Order No. PORGREN

00024/15-16 dated 22/08/2015;


To pay Rs. 10,49,942/- to my client towards the refund of
retention amount;
g. To pay Rs. 12,71,330/- towards
the balance amount of RA
Bills in respect of work Order No. WOJMRND/OI
170/1516 dated 22/08/2015;
h. To pay Rs. 91,495/- to my client

towards the refund of retention

amount;

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.
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i. To pay Rs. 7,52,251/- towards the balance amount of RA


Bills in respect of Purchase Order

PORGREN/00015/ 15-16/01 dated 03/07/2015;

j. To pay Rs. 31,356/- towards the balance amount of RA


Bills in respect of Work Order No. WOJMRND/01082/
1516 dated 03/07/2015;

k. To pay Rs. 97,122/- towards the balance amount of RA


Bills in respect of Work Order No. WOJMRND/01620/
1617 dated 09/05/2016;

l. To pay Rs. 43,023/- towards the balance amount of RA


Bills in respect of Work Order No.
16 dated 09/09/2015;
m. To pay Rs. 54, 18,529/- towards non tender item, extra
supplied material and work and uncertified bills.

n. To pay interest at the rate of 18% p.a. to my client from


the respective due dates; within 8 days from the receipt
of this notice by you, failing which my client shall be
constrained to initiate legal action against you for the
offence committed by you under Section 420 of Indian
Penal Code and for the costs and consequences of
which, you shall be held responsible. My client is also
taking necessary legal action against you for recover of
the aforesaid amount, which please note.

Your clients are also liable to pay Rs. 25 000/- as a charges


of this notice reply.
GIRISH C. SHEDGE
Advocate

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