Tata Communications Limited vs Udan Enterprisese Pvt.ltd

Draft Issues have been filed on behalf of the Petitioner as well as the Respondent. It is needless to mention that the Respondent `Udan Enterprise Pvt. Ltd. (Delhi)' has preferred a counter claim in the instant matter.

Heard the learned counsels appearing on behalf of the parties and perused the record of the case and, the following Issues are settled:

ISSUES

Whether the Respondent was availing the services as per the Master Service Agreement dated 22.03.2016 and Customer Order Forms dated 30.12.2016 and 30.06.2017 or the Petitioner has disconnected / deactivated the services in contravention of the agreement executed between the parties ?

Whether the Petitioner is entitled for the outstanding dues of Rs.54,51,201.97 against the invoices raised under the agreement or the Petitioner has raised invoices based on wrong billing towards one time charges, early termination charges and repeated billing ?

Whether the Respondent is entitled to a sum of Rs.60,34,365.00 as a counter claim towards losses suffered by the Respondent due to its inability to utilize the hardware and equipment purchased and installed by the Respondent at the customer premises on account of illegal and untimely disconnection / deactivation of the services by the Petitioner and also an amount of Rs.5,56,416.55 due to non-payment of the invoices for services already provided to its customers and Rs.1.50 Crore towards the damages ?

Are the parties entitled to interest on their respective claims at the rates claimed for ?

Four weeks time is prayed and allowed to the Petitioner for filing their evidence affidavits. The Respondents may file their evidence affidavits within four weeks thereafter. Let the matter be listed for directions on 15th November, 2022.