Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12670/2009
INTERMEDIA CABLE COMMUNICATION PVT. LTD ..... Petitioner
Through Mr. Neeraj Kishan Kaul, Sr. Advocate
with Mr. Navin Chawla, Advocate.
versus
ZEE TURNER LTD AND ORS ..... Respondents
Through Mr. Maninder Singh, Sr. Advocate with
Ms. Pratibha M. Singh and Mr. Nitya Thakur,
Advocates
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
O R D E R
% 27.10.2009
1. Learned senior counsel for the petitioner states that the petitioner
without prejudice to rights and contentions and subject to the final
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outcome of the appeal will deposit Rs.2 crores on or before 7
November, 2009. The statement is taken on record and accepted.
2. The next question relates to direction to the petitioner to pay Rs.40
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lacs plus statutory taxes per month with effect from 24 March, 2009 till
the petition is finally decided. The directions given by the learned
Telecom Disputes Settlement Appellate Tribunal are without reasons.
Learned counsel for the petitioner in this regard has drawn my attention
to the averments made in the writ petition and has also pointed out that
WPC NO.12670/2009 Page 1
the petitioner was earlier paying monthly subscription fee of
Rs.30,05,660/-. Learned counsel appearing for the respondent No. 1, on
the other hand, has drawn my attention to the contentions raised by the
respondents. He submits that the direction for payment of Rs.40 lacs
plus statutory taxes was a consent order as the respondent No. 1 has
raised a claim of Rs.52 lacs per month. Learned counsel for the
petitioner disputes and denies the said contention. Learned counsel
further states that as the petitioner company had agreed to pay Rs.2
crores, they are liable to pay monthly subscription charges only with
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effect from 21 November, 2009 and not from 24 March, 2009.
Learned counsel for the respondent No. 1 disputes the said contention on
the ground that the respondent No. 1 is entitled to monthly subscription
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@ Rs.52 lacs from 24 March, 2009.
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3. Admittedly, the order dated 20 October, 2009 passed by Telecom
Disputes Settlement and Appellate Tribunal is a non-speaking order. It
does not deal with the contention of the parties or state the reason why
interim direction to pay Rs. 40 lacs per month is being passed.
Accordingly, the matter is remanded back to the tribunal for fresh
adjudication on the interim application. The learned tribunal will give
reasons for deciding the application and will not be influenced by its
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earlier order dated 20 October, 2009. It is clarified that this Court has
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not expressed any opinion on the merits of the order dated 20 October,
WPC NO.12670/2009 Page 2
2009 in favour of the petitioner or the respondent. The matter is already
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listed before the learned tribunal on 4 December, 2009. However, it will
be open to the parties to move an application for early hearing and
fixation of the earlier date.
The writ petition and all pending applications are disposed of.
Copy of this order be given dasti to the learned counsel for the
parties under signature of the Court Master.
SANJIV KHANNA, J.
OCTOBER 27, 2009
VKR
WPC NO.12670/2009 Page 3