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Judgment
The proposed Issues have been filed on behalf of the parties which are available on record of the case. Heard Mr. Ashish Dholakia and Mr. Yugank Goyal appear for the Petitioner and Mr. Aditya Swarup appears for the Respondents and perused the record of the case. The following Issues are settled with the consents of both the parties:
ISSUES
Whether the present petition is maintainable in its present form or is liable to be dismissed for want of cause of action ?
Whether there was any minimum volume of business committed by the Respondent or any of them along with any minimum terms of contract under the Master Service Agreement, Purchase Orders and Consumer Order Forms ?
Whether the Petitioner has the first right of refusal under the Master Service Agreement, Purchase Orders and Consumer Order Forms and whether the Respondents No.1 & 2 breached the terms in the Master Service Agreement, Purchase Orders and Consumer Order Forms in relation to the Petitioner's first right of refusal ?
Whether the Master Service Agreement, Purchase Orders and Consumer Order Forms stipulated that the terms of the contract in relation to National Dedicated Ethernet Service shall be for a minimum period of 36 months ?
Whether the Respondents No.1 & 2 committed breach of terms of the Master Service Agreement, Purchase Orders and Consumer Order Forms in relation to the committed minimum volume of business ?
Is the Petitioner entitled for liquidated damages to the tune of Rs.29,36,00,000/- along with interest @ 18% p.a. till its realization from Respondents No.1 & 2 and further amount of Rs.46,00,000/- as liquidated damages from Respondent No.3 and Rs.50,00,000/- as liquidated damages from Respondent No.4 along with interest as stated above ?
Whether the Master Service Agreement, Purchase Orders and Consumer Order Forms stipulated that the minimum terms of contract in relation to Internet Lease Line was supposed to be for 12 months from the date of commissioning of each new link renewable from the date of upgrade of band width and applicability of new rates for further period of 12 months ?
Whether Respondent No.3 and / or Respondent No.4 has wrongfully terminated the Master Service Agreement in relation to the services engaged by it ?
Whether Respondents No.1 & 2 effected wrongfully and premature stoppage of ILL and NBE services prior to expiry of minimum terms of contract breaching the terms of Master Service Agreement, Purchase Orders and Consumer Order Forms ?
Six weeks time was prayed on behalf of the Petitioner enabling them to file their Evidence Affidavits. The time is allowed as prayed for. The Respondents may also file their Evidence Affidavits within six weeks thereafter. List the matter on 10th November, 2021 for directions.