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High Court of DelhiW.P.(C)/5291/2020

E Infrastructure And Entertainment India Pvt Ltd v. Sun Distribution Services Pvt Ltd & ANR.

2020-08-21Hon'Ble Mr. Justice Navin Chawla2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5291/2020 & CM No.19096/2020 E INFRASTRUCTURE AND ENTERTAINMENT INDIA PVT LTD ..... Petitioner Through Mr.Jayant K. Mehta and Mr.Jayant Pawar, Advs.

versus SUN DISTRIBUTION SERVICES PVT LTD & ANR.

..... Respondents Through Mr.Atmaja Tripathy and Mr.Abhishek Malhotra, Advs. for R-1

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.08.2020 This hearing has been held by video conferencing. The learned counsel for the petitioner, placing reliance on a chart placed at page 370 of the paper book, submits that the petitioner had submitted before the learned Telecom Disputes Settlement and Appellate Tribunal that the amount of Rs.22.20 crores, in spite of the email dated 25.02.2020, could not be treated as an admitted amount because of payments made thereafter as also the claim of Landing Page payment adjustments claimed by the petitioner herein. He makes this submission without admitting that the amount of Rs.22.20 crores can be treated as an admitted amount.

As from the impugned order it is not apparent that any such submissions were made by the petitioner before the learned Telecom

Disputes Settlement and Appellate Tribunal, the learned counsel for the petitioner prays for leave to withdraw the present petition with liberty to file a review application before the learned Telecom Disputes Settlement and Appellate Tribunal.

The petition is dismissed as withdrawn with liberty as prayed for. It is made clear that this Court has not expressed any opinion on the merit of the claim raised by the petitioner before this Court. NAVIN CHAWLA, J AUGUST 21, 2020/Arya