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Judgment
4 paragraphs · 252 wordsHeard learned counsel for the petitioner and learned counsel for the respondent.
Affidavit on behalf of the petitioner along with audit report has been filed on 23.12.2021. Learned counsel for the respondent has referred to summary observations showing non-compliance of DAS Regulations as appearing at page 6 of the audit report. She submits that in view of petitioner's system still being found non-compliant, it may not be safe for the respondent to accede to the request for a new agreement and activation of signals. On the other hand, learned counsel for the petitioner has shared some documents and a letter from SMS vendor to submit that now there is no mis-match in SMS version numbers. According to him the other discrepancies have also been explained by the SMS Vendor(s).
Considering the urgency shown on behalf of the petitioner, parties are directed to hold a meeting in the light of all the relevant documents which learned counsel for the petitioner has referred to during argument and shared some of them on the screen. If the respondent finds that the explanations materially take care of instances of non-compliance in the summary observations at page 6 of the report then it should take prompt step for entering into an agreement for supply of signals. In case there is no agreement between the parties, petitioner should file a further affidavit to show that instances of non-compliance or/and defects pointed out in the summary observations now stand redressed/cured.
Post the matter under the same head on 7.1.2022.
