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Judgment
Heard learned counsel for the parties on the issue of maintainability.
The main ground raised on behalf of respondent no. 1 is by way of an allegation that the petitioner is not a service provider and in particular it has been denied by respondent no. 1 that there is any interconnect agreement between the petitioner and respondent no. 1 although petitioner has claimed so in paragraph 7 of the petition.
Learned counsel for the petitioner submits that the objection should not be treated as a preliminary objection and should be decided after full fledged hearing considering all the evidences, more so when respondent no. 1 in its letter dated 22.2.2021 at (Annexure P-11) has in its reply to the petitioner referred to a particular point of the interconnect agreement and also stated that he had executed the interconnect agreement on principle-to-principle basis. The said clause has also been extracted in the reply.
It will not be in the interest of justice to decide the issue raised by the petitioner as a preliminary issue at the present stage. It shall be decided in due course at the time of final hearing.
Reply has already been filed by the respondents. Petitioner prays for, and is granted, one week's time to file rejoinder. Interim orders to continue until further orders.
Post the matter before the Court of Registrar on 14.12.2021 for passing necessary orders and directions to make the petitions ready for hearing.