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2017 (3) TMI 908 - SC - Companies LawDiscontinuation of satellite services - default in payment of charges - Held that:- On a perusal of the order passed by the TDSAT, we find that the conclusion that has been arrived at by it with regard to the justification of disconnection by the respondent, cannot be found fault with. It has analysed the default at length by the appellant and come to a definite conclusion that there was default by it and the disconnection had been done in accordance with clause 17 of the agreement. Therefore, on the said score, we concur with the view expressed by the Tribunal. As far as the counter claim is concerned, the Tribunal has declined to accept the claim of ₹ 59,328/- which was made by the respondent towards service tax. The TDSAT has ruled that the same had been erroneously charged and accordingly declined to allow the same. As the respondent has not preferred any appeal with regard to such non-allowance of the claim, we need not revert to the same. As far as the quantification of the amount payable by the appellant to the respondent is concerned, that has been appositely done as is manifest from the factual analysis and hnce, does not require any interference. Levy of interest the interest should be reduced to 12% per annum and accordingly it is directed that the amount awarded by the TDSAT along with 12% interest be computed and be paid to the respondent within eight weeks hence.
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