Star India Pvt. Ltd vs Welworth Software Pvt.ltd. And Anr

Heard learned counsel for the petitioner. Nobody appears for the respondents.

By the last order passed on 27.7.2021, this Tribunal accepted the request of the learned counsel appearing for respondent no. 1 as well as learned

counsel for respondent nos. 2 and 3 to discharge them from the obligation to represent the respondents for good reasons indicated in the said order.

In the interest of justice, fresh notice through email and speed post were directed to be sent and the same have been sent by the petitioner as well as

by the office of this Tribunal at the given ID and the address at which notices were earlier served. Inspite of an indication in the last order that if

the respondents do not appear the prayer of the petitioner may be considered on the basis of materials available on record, the respondents have

chosen not to appear.

Learned counsel for the petitioner prays for ex-parte hearing of the petition. In the peculiar facts of the case, the prayer is allowed.

The earlier orders indicate that prayer for interim relief claimed through M.A. no. 326 of 2020 was kept pending, awaiting reply of the respondents so

that their stand may be considered.

Inspite of opportunity, the respondents did not file any reply and now they have chosen not to appear any further. In such circumstances the learned

counsel has pressed for an interim relief and relied upon M.A. No. 326 of 2020 filed with the petition. This application is under Order XII Rule 6 of

the Code of Civil Procedure(CPC) read with Section 151 of the CPC.

In this application, the prayer is for passing a preliminary decree of Rs. 13,04,56,608/- in favour of the petitioner against the respondents in respect of

which the petitioner has categorically averred that this amount is unequivocally admitted by the respondents in the tripartite settlement agreement

dated 14.8.2020(Annx. P-5), executed between the petitioner on one hand and respondent nos. 1 and 2 on the other.

A perusal of that document fully supports the claim of the petitioner that there was unequivocal acknowledgment of the liability of both the

respondents to pay to the petitioner the aforesaid amount alongwith future monthly invoiced amount. The aforesaid admitted outstanding on

14.8.2020 is reflected in the statement of account enclosed as Annx. A to the disconnection notice sent by the petitioner to the respondents on

14.10.2020. That annexure is available at page 318 of the brief. As per that statement, which is summary of outstanding, there had been two payments

- one of Rs. 2.20 crores in September 2020 and the other of Rs. 25 lakhs in October 2020 and there had also been further bills. The summary of

outstanding in Annx. A no doubt shows the total overdue outstanding to be Rs.14.22 crores approx. but the transactions post the tripartite settlement

agreement of 14.8.2020 cannot be treated as admitted dues because the same are not covered by the settlement agreement. After the settlement

agreement, the respondents have clearly paid an amount of Rs. 2.45 crores as per Annx. A.

Considering the above materials, at this stage, the M.A. No. 326 of 2020 deserves to be allowed only for an amount of admitted dues minus Rs. 2.45

crores.

Hence, the prayer for a preliminary decree on the basis of admission is allowed to the extent of a decree for Rs. 10,59,56,608/- only in favour of the

petitioner and against respondent nos. 1 and 2.

The respondents are directed to pay the aforesaid amount within four weeks from today failing which the petitioner would be entitled to further

interest on the said amount @9% p.a till the amount is realised. The petitioner would also be entitled to realise the said amount after four weeks

by taking appropriate steps for execution of this decree.

The office is directed to prepare a decree on the basis of this order at an early date, preferably within four weeks.

M.A. No. 326 of 2020 is disposed of.

Let the matter be listed before the Court of Registrar on 13.9.2021 for passing necessary orders and directions to make the petition ready for early

hearing as the prayer for ex-parte hearing has already been allowed.