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Judgment
Counsels appearing for the both the sides submitted that by interim order dated 24.5.2024 the arrangements made by this Tribunal is going on smoothly.
It is pointed out by the counsel for the petitioner that out of 55,000 sim cards the respondent no 1 has activated 34,766 sim cards including 500 sim cards which are activated in August 2024 for which also the payment shall be made by the petitioner to the respondents as per interim order passed by this Tribunal.
It is further submitted by the counsel for the petitioner that the payment to be made by the petitioner to the respondent no 2 as per order passed by this Tribunal dated 24.5.2024 is absolutely ready with the petitioner and this payment could not be made to the respondent No.2-BSNL because respondent no 2 could not point out that in which Bank Account the money is to be deposited by the petitioner. No sooner date, these details shall be supplied by the respondent No.2-BSNL to the petitioner immediately the amount payable by the petitioner to the respondent No. 2 as per order dated 24.5.2024 shall be paid to the respondent No. 2 or shall be deposited in their Bank Account.
It is submitted by the counsel for the respondent no 1 is that recently activated sim Cards which are 500 in number in the month of August 2024 for which the payment shall also be paid by the petitioner to the respondent no.1.
it is further submitted by the counsel for the respondent no. 1 that out of 55,000, 3,4766 sim cards have been activated upon instruction of the petitioner.
It is further submitted by the counsel for the respondent no 1 that as and when further request will be made by the petitioner for activation of Sim Cards for the remaining sim cards out of total 55,000 sim cards, the same shall be activated by the respondent no 1 with the help of respondent no 2.
It is made clear that the payment shall be made by the petitioner to the respondent no 1 as well as to the respondent No. 2 for every activated sim cards, on the basis of pro rata in pursuance of our directions given in order dated 24.5.2024.
We also hereby direct the respondent to file undertaking as stated in our interim order dated 24.5.2024.
Counsel for the BSNL has objected the aforesaid pro rata payment because BSNL has kept infrastructure ready for 55,000 Sim Cards. They have already terminated the contract with respondent No. 2 and for interim relief they have kept infrastructure ready for 55,000 Sim Cards.
Both the respondents are permitted to file reply within three weeks and two weeks is granted to the petitioner thereafter to file rejoinder.
This matter is, therefore, adjourned to 25.10.2024.