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Judgment
18 paragraphs · 425 wordsThis petition is merely an offshoot of an earlier petition filed by the petitioner involving same very issues, all relating to accounts between the
parties. In the earlier petition bearing B.P. No. 332 of 2021, an interim order was passed on 7.4.2021. That order (Annexure P/2) discloses that
after noting the submissions on behalf of the petitioner, this Tribunal gave liberty to the petitioner to file clear pleadings by way of an M.A. within one
week. By way of interim relief in anticipation of the M.A. being filed on the lines of submissions, only 50% of the dues outstanding till January 2021
was to be paid by the petitioner within one week to avoid disconnection. For reply three weeks’ time was granted along with one week’s
time for rejoinder and matter was to be listed on 7.5.2021.
The matter could not be listed on account of the restricted working of the Tribunal dues to Covid as indicated in a subsequent circular. However,
there was no impediment in petitioner’s proceedings to avail of the liberty to file clear pleadings by way of an M.A. within one week. That has
not been done till date. The reasons for the same are not convincing. As a natural corollary, no reply could be filed by the respondent. Â
The respondent has issued another disconnection notice on account of accumulated dues including 50% of the dues till January, 2021 which has
remained unpaid because the matter could not be heard further and no orders could be passed.
By way of an extraordinary indulgence, petitioner is given liberty to file the required M.A. in B.P. No. 332 of 2021 by day after tomorrow with
advance copy to the other side. If this liberty is not availed no further liberty should be granted and B.P. No. 332 of 2021 shall be considered on its
own merits when it is listed. If M.A. is filed, the respondent would be at liberty to file reply/short reply to B.P. No. 332 of 2021, the M.A. that may
be filed and to the averments in this petition also to the extent required so that further orders on the merits of the matter may be passed on the next
date. The reply/short reply should be filed a day before the next date with a copy to by the other side.
Post this matter under the same head on 14.7.2021 along with B.P. No. 332 of 2021 under the appropriate head.
It is expected that no precipitate action shall be taken by the respondent till the next date.
