Tata Communications Limited vs Ficus Telecom Pvt Ltd

Nobody appears for the Respondents. On the last occasion, four weeks time was granted to the Respondents by way of last indulgence enabling them to file their Evidence Affidavits. Since no steps have been taken on behalf of the Respondents today, four weeks time subject to payment of cost of Rs.5000/- payable to the TDSAT Employees Welfare Society is granted to the Respondents for filing their Evidence Affidavits, if any. In case no Evidence Affidavits are filed within four weeks from now, the Registry is directed to list the matter before the Hon'ble Bench for passing appropriate orders. List the matter before this Court on 17th November, 2021 for directions, thereafter.

Later on, Ms. Nandita Rathi appeared for the Respondents and mentioned the matter with the Learned Counsel for the Petitioner.

A prayer was made for waiver of the cost imposed earlier. It was submitted on behalf of the Respondents that they were given one opportunity on 10/08/2021 for filing the Evidence Affidavit and today the cost has been imposed and, thus, the prayer. It was also submitted that she could not join the hearing in time due to technical issues. The

Learned Counsel appearing for the Petitioner objected the prayer and submitted that sufficient time has already been granted to the Respondents to file the Evidence Affidavit and, thus, imposing the cost is justified and may not be waived.

Since network issues prevented the Learned Counsel for the Respondents from connecting in time when the earlier order was passed today and the cost is made payable to the TDSAT Employees Welfare Society, the Respondents are granted four weeks time for filing the Evidence Affidavit from now and the Registry is directed to accept the Evidence Affidavit after the expiry of this four weeks time subject to payment of the cost imposed earlier. The earlier Order is modified to that extent.