MEGASOFT LIMITED Vs. INFOGIX INC.

JUDGEMENT

(1.) The sole respondent in the main company petition, i.e., Megasoft Limited is the lone applicant herein and the sole petitioner in the main company petition, i.e., Infogix Inc. is the sole respondent herein. Another entity of relevance for this application is Agilis International Inc. In this order,'Megasoft Limited' shall hereinafter be referred to as'Megasoft','Infogix Inc.' shall hereinafter be referred to as'Infogix' and'Agilis International Inc.' shall be referred to as'Agilis' for the sake of brevity, clarity and convenience. As far as Megasoft and Infogix are concerned, wherever deemed necessary and appropriate, they shall also be referred to by their respective ranks in the main company petition for the sake of convenience and clarity.

(2.) If a Master Services Agreement dtd. 18/6/2013 between Agilis and Megasoft is the nucleus of the main company petition, i.e., C.P.No.288 of 2016, a Stock Purchase Agreement dtd. 3/12/2013 between Agilis and Infogix is the epicentre of this application. This stock purchase agreement can also be described as eye of the storm qua this application. Before I advert to the threefold attack on which this application is predicated and pivoted, it may be necessary to set out a thumbnail sketch of factual matrix (sans unnecessary details and particulars) for the purpose of appreciating this order.

(3.) As mentioned supra, the Master Services Agreement dtd. 18/6/2013 between Agilis and Megasoft is the nucleus of the main company petition. Megasoft is engaged in the business of software product development, primarily in the Telecom domain. Agilis entered into the aforesaid Master Services Agreement with Megasoft for provision of certain services regarding certain software solutions and the nature of work for which services of Agilis was commissioned under this Master Services Agreement has been set out by way of an Annexure to the Master Services Agreement and the Annexure is captioned'Statement of work'. Considering the narrow compass in which this application turns, it is not necessary to delve into those details. Suffice to say that according to Agilis, it had provided services adumbrated in the aforesaid Statement of Work to Megasoft and had inter- alia raised three invoices totalling 269, 250 US Dollars ('USD' for brevity), but this money remains unpaid.