CASE SYNOPSIS

a) Anna Ferner, a qualified CA and Chartered Tax Advisor is

associated with an auditing firm and in the capacity of a
partner of the said firm, has audited the accounts of the
claimant.

b) Respondent checked the audited accounts of the claimant

for the years 2012,2013,2014 & 2015. Average annual
turnover for the claimant for 2012 to 2014, is Euro
11.858.418,74 and the present net worth as on
31.12.2015, is Euro 2.434.069,55. (audited B/S annexed
Exhibit CW-6/1)

c) Euro 125.115,00 was incurred between 01.01.2013 to

30.04.2013 because of the delay in releasing of FAC on the
part of the respondent. Expenses have been detailed in
schedule 1 to the statement of claim.

d) Expenditure of an amount of 1.570.224,00 EURO was

expended as a cost incurred by theclaimant under
different heads.
Delay in releasing of the warranty bond bank
guarantees,
Extension of warranty bond bank guarantees,
Cost incurred due to additional services and man
hour spent during such extended period,
Substantial expenses were incurred by claimant as
demanded by respondent (Expenses detailed in
schedule 2).
e) After the warranty bond bank guarantee were invoked by
respondent on 09.10.14 and again on 29.01.2015
Oberbank, bank insisted for external audit of claimant
from an independent audit firm. Cost was incurred by the
claimant i.e 8.497,50. Further, the banks instructed
claimant to secure the present and future bank
guarantees issued and to be issued by the said banks, an
increase in capital stock and collateral.
Substantial expenses incurred amounting to Euro
24.200,00 and incurred cumulative expenditure of Euro
32.697,50 because of invocation of Warranty bond bank
guarantees (Expenses detailed in schedule 3).

f) Expenditure of Euro 649.722,31 has been incurred by

claimant towards the cost of offering NC plant for CFA until
31st December 2015(Expenses detailed in schedule 6).

g) Expenditure of Euro 883,283,00 has been incurred by

claimant towards the cost of offering SBP plant for OFBA
contract until 31st December 2015 (Expenses detailed in
schedule 6).

h) Expenditure of Euro 336.049,46 has been incurred by

claimant towards legal fee and costs pertaining to the
dispute 1.6.2016(Expenses detailed in schedule 5).

i) Interest calculated at the rate of 18% p.a claimed by the

claimant on the various amounts claimed, translates to an
amount of 3.869.579,08 erroneously stated to be
3.971.392,51 (Expenses detailed in schedule 7).