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Judgment
Heard learned counsel for the petitioner and learned counsel for the respondent in respect of interim prayers made in the petition. Petitioner has pressed that an amount of Rs. 95,57,784.34/- is due and payable for the period of March, 2021. For this amount the invoice was issued on 14.4.2021 and no dispute has been raised by the respondent so far. Counsel for the petitioner further submits that invoices for later period have also remained unpaid and therefore at least on account, respondent be directed to clear the dues up to March, 2021 as indicated above.
Learned counsel for the respondent prays for some more time to file reply. However on instructions he submits that against the invoices respondent has made a payment of Rs. 33,82,441/- on 28.4.2021 and that is not reflected in the accounts filed with the petition.
In reply, learned counsel for the petitioner submits that affidavit and verification in respect of this petition was done earlier to the date of payment and hence that amount is not reflected in the accounts. According to him, the dues have increased substantially on account of subsequent invoices.
Considering the aforesaid submissions it appears just and proper to direct the respondent to deduct Rs. 33.82 Lakhs from the amount of Rs. 95.57 Lakhs (approximately) and pay the balance, Rs. 6.175 Lakhs (approx.) within a period of three weeks from today. This payment will not affect the liability of the respondent to pay the later invoices in accordance with the agreement and prevailing practice.
As prayed on behalf of respondent, three weeks further time is granted for reply. If no reply is filed within the time granted, this Tribunal shall consider the request made on behalf of petitioner to treat an earlier reply sent by the respondent to the petitioner (Annexure A to M.A. No. 191 of 2021) as reply of respondent for passing suitable orders. If reply is filed, then rejoinder, if required, may be filed before the next date.
Post the matter under the same head on 24.11.2021.