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Judgment
Draft Issues have been filed on behalf of the Petitioner. It was submitted on behalf of the Respondents by Mr. Prabhav Pachory, learned Proxy Counsel appearing for Mr. Nittin Bhatia that they intend not to file any draft Issue in the matter and, thus, a prayer that the Issues be settled on the basis of the material available on record of the case.
Heard the parties and perused the record of the case and, in the light of the material available on record of the case, the following Issues are settled:
ISSUES
Whether the instant petition is maintainable in its present form ?
Is the Respondent in breach of the terms of the Memorandum of Understanding signed between the parties ?
Whether the Petitioner is entitled to a decree for recovery of Rs.77,00,000/- towards the dues of the channel carriage charges along with interest @ 24% p.a. from the date the amount became due till its actual realization ?
To what other relief / reliefs the Petitioner is entitled to ?
Four weeks time is prayed and allowed to the Petitioner to file their evidence affidavits. The Respondents may file their evidence affidavits within four weeks thereafter. Let the matter be listed for directions on 30th January, 2023.