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Judgment
18 paragraphs · 353 wordsHeard learned counsel for the petitioner and learned counsel for the respondent. The interim orders passed earlier required the petitioner to payÂ
particular sum of money which has been paid. Today, learned counsel for the petitioner submits that a dispute remains unresolved as per pleadings
in the reply and the rejoinder, in respect of petitioner's claim for incentives amounting to Rs. 25 lakhs approx. According to learned counsel for the
petitioner the said claim is being arbitrarily and wrongly denied by the respondent and therefore that dispute may be referred to mediation for
settlement at an early date.
Learned counsel for the respondent submits that this Tribunal has indicated in the earlier orders that the petitioner should clear the current invoices
regardless of dispute on account of impugned notice but the current dues have, according to the reply, accumulated to Rs. 1.48 crore for period upto
November 2020. According to him, the dues for the period including December would come to Rs. 1.34 crore considering the payments made by the
petitioner in the meantime.
Learned counsel for the petitioner submits that a post dated cheque of 7.1.2021 for an amount of Rs. 60 lakhs has already been issued and if the
dispute over Rs. 25 lakhs is taken into consideration, the petitioner is almost up-to-date in payment of monthly invoices.
The dispute covers only approx. Rs. 25 lakhs which will hopefully be resolved during mediation proceeding but till then in addition to cheque for Rs. 60
lakhs, the petitioner should pay on account atleast further Rs. 40 lakhs within two weeks.
It is expected that petitioner shall be careful to ensure that current invoices are paid as per the agreement and past practice without delay.
The dispute if required will be sent to Learned Mediator for settlement but first it appears in the interest of justice and expedition that both the
counsels should hold conference on the basis of accounts and materials made available by the parties and try to resolve the issue of incentives. This
should be done expeditiously preferably within two weeks.
Post the matter under the same head on 2.2.2021.
