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Judgment
7 paragraphs · 235 wordsAdmit. No notice need be issued because respondent has appeared through Mr. Kunal Tandon, Advocate on the basis of advance notice.
The impugned disconnection notice (Annx. P/1) is for an arrear of Rs. 18.91 lakhs approx. for the period upto October 2021.
Learned counsel for the petitioner submits that incentives are due from February 2021 onwards but admittedly, no invoices have been raised for such incentives.
It would not be proper to pre judge the amount of incentives which the petitioner may be found entitled to but considering the entire facts and circumstances, petitioner should pay 50% of outstanding dues indicated in the impugned notice of disconnection within one week from today and if that is done, the impugned notice of disconnection shall not be given effect to till the next date.
Petitioner shall be well advised to raise invoices for incentives at the earliest preferably within one week. If that is done and invoices are communicated to the petitioner, the latter should take a decision on the claim of incentives within two weeks of communication of the invoices.
It goes without saying that respondent shall adjust or pay the admissible invoices to the petitioner without delay. It will be open for the parties to bring the relevant facts to the notice of this Tribunal by way of affidavit / reply by the next date.
Post the matter under the head "for directions" on 1.2.2022.