AI Structured Summary
Not yet generated for this judgment
Judgment
This Telecom Petition has been preferred by the petitioner because the respondent has given demand notice dated 11.1.2019 (Annexure P-8) to the memo of the Telecom Petition.
It appears from the facts of the case that the respondent is providing International Long Distance Ports. These services have been availed by the petitioner and there are disputes about payment of consideration.
Several orders have been passed in this Telecom Petition by this Tribunal including the order dated 20.3.2019 which is for interim arrangement. It also appears from the facts of the case that on the options of bank guarantee to be given by the petitioner the respondent was directed to restore International Long Distance Ports.
Later on the petitioner was directed to deposit 5 crores before this Tribunal and the interim arrangement was continued.
Thus, it appears from the facts of the case and orders passed by this Tribunal that respondent continued supply of International Long Distance Ports to the petitioner and monthly invoices were raised and with some hesitations and with some defaults and partly for the compulsion by way of orders passed by this Tribunal, the petitioner was depositing the amount and ultimately again because of the failure on the part of the petitioner to make the payment of reconnected International Long Distance Ports again there was disconnection by the respondent on 2.5.2019.
Rs. 32 lakhs were returned to the petitioner out of 5 crores and Rs. 2 lakhs were to be retained by the Registrar of this Tribunal and the rest amount was to be paid to the respondent for the services rendered by them for providing International Long Distance Ports.
Various orders have been referred by counsels for both the sides passed by this Tribunal including dated 11.12.2019, dated 12.2.2019 etc.
It appears that now the respondent is demanding Rs 2,02,648/- because the respondent had continued supply of International Long Distance Ports for which as per order by this Tribunal dated 12.2.2020, the respondent has supplied the CDR data. Moreover, as per order dated 11.12.2019 it appears that the respondent has already filed the affidavit dated 13.1.2020. The facts of this affidavit have been controverted by the original petitioner.
Thus, looking to the order passed by this Tribunal dated 1.12.2019, the respondent has brought on record the invoices, the tariff data etc. filed along with their affidavit dated 13.1.2020. The petitioner has not controverted the facts of this affidavit as of today. There is no reply affidavit controverting facts stated in the affidavit filed by the respondent dated 13.1.2020.
Moreover, as per order of this Tribunal dated 12.2.2020, the respondent has already filed an email dated 7.7.2022 in which they have stated that on 21.2.2020 email was sent to the petitioner along with Call Data Records (CDRs). Copy of the email is at Annexure A-1 to the memo filed by the respondent dated 7.7.2022 which has been placed on record and as per that email details of the CDRs have already been given to the petitioner.
In view of these facts, we hereby direct the Registrar of this Tribunal to make the payment of Rs. 2,02,648/- to the respondent by Account Payee cheque in the name of Bharti Airtel Limited.
In view of this order, Telecom Petition no. 8 of 2019 is finally disposed of.
Pending MA 143 of 2019 is also hereby disposed of.