Oneott Intertainment Ltd vs Vision Smartlink Networking Pvt Ltd

Heard learned counsel for the petitioner.  Nobody appears for the respondent although name of Mr. Kushal Desai, Advocate appeared in the cause list and also in the last order dated 4.10.2021 because he had appeared on advance notice to represent the respondent and had undertaken to file Vakalatnama within two weeks and a reply/short reply within four weeks.  He has not filed Vakalatnama/reply and has not appeared today.  Clearly the respondent, in spite of notice, avoided to instruct its counsel to file Vakalatnama or reply and even to appear on the date fixed.

In the last order it was indicated that prayer for interim relief shall be considered on its own merits on the next date.  Since the respondent has chosen to opt not to appear today, the date fixed, learned counsel for that petitioner has been heard on the issue of interim relief.

The interim prayer in the petition is for a direction to pay the admitted dues amounting to Rs. 41,44,474/-.  Learned counsel for the petitioner has taken us to the various emails which are part of Annexures G, H and I.  No doubt, petitioner had made a claim for larger amount but on some grounds on loss in business and hardship, the respondent appears to have admitted only the outstanding amount as per regular invoices.  At page no. 24 the said amount has been shown as Rs. 23 Lakhs and odd in the email of the petitioner and subsequently as per outstanding statement enclosed with lawyer's notice dated 30.6.2021 (Annexure I), the amount has come down to Rs. 20,000,14/- only.   Learned counsel for the petitioner has submitted that Rs. 3 Lakhs and odd was paid by the respondent by the time of legal notice.

Without going into further details, as an interim relief to the petitioner, respondent is directed to pay to the petitioner within three weeks from today the amount of Rs. 20,000,14/- only on account.  Such payment shall be subject to further orders and the final outcome of this petition.  In case the aforesaid amount is not paid within the time granted, petitioner would be entitled to claim the same through an execution application or other means along with interest from today till realisation @ 9% per annum.

Before proceeding with the matter ex-parte, one last opportunity is granted to the respondent to appear and file reply. For that purpose, let a copy of this order be communicated to the respondent at its given address and also to the counsel Mr. Kushal Desai if his mobile number and email ID is available.  In case, the respondent or the counsel do not respond positively, order for ex-parte hearing may be considered/passed on the next date.

Post the matter under the same head on 3.01.2022.