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Judgment
Having heard the counsel on both the sides and looking to the facts and circumstances of the case, it appears that in this AERA Appeal the appellant has challenged an Order dated 27.2.2021 passed by respondent no. 1, which is at Annexure A-1 to the memo of this appeal, which is the impugned order.
Counsel appearing for the appellant has taken this Tribunal to the various contents of the impugned order and has pointed out that respondent no. 1 has relied upon financial model while passing the impugned order, however, the details of the same have not been supplied to the appellant. Therefore, on 1.3.2021 as well as on 4.3.2021 there was a communication sent by this appellant to respondent no. 1 seeking supply of financial model upon which the respondent no. 1 is relying on while passing the impugned order.
It is further submitted by counsel appearing for the appellant that on 5.3.2021 a reply was given by the respondent no. 1 to the effect that they are considering the supply of financial model to the appellant. All these communications are at Annexure A-23(colly.) to the memo of this Appeal).
Be that as it may, the fact remains that the financial model upon which respondent no. 1 has relied upon heavily while passing the impugned order dated 27.2.2021 (Annexure A-1 to the memo of this appeal) has not been supplied to the appellant. Thus, it would be prudent, on the part of Respondent No. 1 to produce before this Tribunal, the said financial model to enable this tribunal to appreciate and arrive at a correct conclusion about the dispute between the parties.
At this juncture, Counsel appearing for respondent submitted that they have already mentioned the financial model in the impugned order and hence, there is no need to supply separately the financial model by the respondent no. 1.
Looking at the impugned order, the tribunal feels that it is imperative that a copy of the financial model should be supplied separately. The urgency of this direction can be gauged from the fact that despite the copy of this MA No. 210 of 2022 being served upon the respondent much earlier point of time on 9.5.2022, the respondent has chosen not to file any reply, hence, the direction shall be complied with by respondent no. 1 on or before the next date of hearing.
We, therefore, direct the respondent no. 1 to place on record the financial model upon which the respondent no. 1 has placed reliance while passing the impugned order dated 27.2.2021(Annexure A-1 to the memo of this appeal) within a period of six weeks from today.
This matter is, therefore, adjourned to 26.7.2022.