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Showing contexts for: Software Source code in White Business Infotech Retail ... vs Mr.Kumar Gaurav on 21 November, 2022Matching Fragments
3. The defendant has filed the written statement with counter claim for Rs.6,47,800/- with interest at 6% p.a. contending that Mr.Pawan Hegde of the plaintiff approached him to develop new software on "micro service architecture and there was no concluded contract with regard to cost and time for completion of the project. The Purchase Order ('PO' for short) was sent on 31.01.2018 but he did not accept the cost mentioned therein. Mr.Pawan Hegde orally assured to take care of the payment and the cost to be paid depending upon the volume of the work. In fact Mr.Pawan Hegde was aware that he was on sabbatical only for six months and also the project progress from January 2018 to June 2018. During the said period he has done more than what was discussed with Mr.Pawan Hegde. Despite joining the company back he continued to work on this project during spare time, but the plaintiff neither compensated for additional support after July 2018 i.e., procuring men and training them. The plaintiff has failed to make timely payments including the bill for June 2018 for Rs.2,22,800/-. He is not at fault and not liable for the alleged loss; the plaintiff's representative used to dictate unachievable timeline and the time short up due to expansion in the scope of work. Wakatime.com has captured the number of hours coded by him. As per Gitlab.com, a source code depository which has the software code, the last work done by him was on 01.06.2020. He has spent Rs.1,25,000/- towards additional features, Rs.50,000/- towards supporting WBMS development, including remuneration for additional hours and extended support and unpaid invoice and the plaintiff is liable to pay Rs.6,47,800/- with interest at 6% p.a.