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Judgment
5 paragraphs · 271 wordsAdmit. No notice need be issued because respondent has appeared through Mr. Abhishek Malhotra, Advocate on the basis of advance notice.
Learned counsel for the petitioner submits that although the impugned disconnection notice dated 24.9.2021 (Annexure P1) discloses non-payment of an outstanding amount of Rs. 21.89 Lakhs approximately, petitioner has subsequently made payment and acknowledging the same, respondent has written on 3.11.2021 that the outstanding dues shown in the notice has now come down to Rs. 7.86 Lakhs approximately. Learned counsel for the petitioner has referred to certain emails exchanged between the parties after the impugned notice to highlight the nature of dispute between the parties. According to him, there was a talk for a fixed fee agreement but that could not materialise and the respondent has not addressed petitioner's demand of incentive for the period April, 2020 to September, 2021.
On the other hand learned counsel for the respondent submits that all the issues are imaginary and have been raised only after the impugned disconnection notice. According to him, relevant correspondences need to be brought on record and no incentive claimed by the petitioner is pending for consideration.
Respondent may file reply within two weeks. Rejoinder, if required, may be filed before the next date.
Post the matter under the head "For Directions" on 16.12.2021 for considering the prayer for interim relief in the light of subsequent pleadings. However, considering that the outstanding dues have been reduced considerably, the respondent is directed not to give effect to the impugned disconnection notice till the next date in case petitioner pays 50% on account, of the now outstanding dues within two weeks.
