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Judgment
16 paragraphs · 343 wordsAdmit. No notice need be issued because Mr. Upender Thakur, Advocate has appeared on advance notice on behalf of respondents.
Petitioner has come against notice of disconnection dated 10.1.2022 in which respondent no. 1 has claimed outstanding dues of Rs. 26.40 lakhs
approx. for billings till November 2021. It is the case of the petitioner that claims for incentives and placement are pending since long but the
respondents are not settling the same. Further grievance is that some payment has not been reflected in the accounts of the respondent. According to
the petitioner if its claims are settled, the amount will be even less than 50% of what has been claimed in the notice or even lesser.
On the other hand, learned counsel for the respondent has submitted that petitioner has wrongly calculated its incentives and other claims and inspite
of efforts made, the parties could not reach reconciliation between date of issuance of notice and the filing of this petition on 28.1.2022. According to
him, petitioner in order to avoid disconnection, must pay the dues indicated in the notice and also should pay the monthly invoices for subsequent
months like December, January etc.
After considering the rival cases, it is necessary to give an opportunity to the parties to sit together and try for reconciliation of accounts as well as
claims without loosing much time. For that purpose, two weeks' time is granted.
As prayed, reply may be filed within three weeks. Rejoinder, if required, may be filed within two weeks thereafter.
Post the matter under the head ""for directions"" on 11.3.2022 for reconsidering the interim relief on the basis of pleadings and subsequent materials.
Till the next date, the impugned disconnection notice shall not be given effect if the petitioner pays 50% of the amount shown as outstanding within
one week from today. Petitioner should also pay the invoice for the month of December 2021 within two weeks from today. It is expected that
petitioner shall continue to pay the current invoices in accordance with the agreement and the prevailing practice.Â