Kerala High Court
M/S. Jeevan Telecasting Corporation ... vs The Registrar on 16 January, 2025
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 16th day of January 2025 / 26th pousha, 1946
WP(C) NO. 45899 OF 2024
PETITIONER:
M/S. JEEVAN TELECASTING CORPORATION LTD., REPRESENTED BY THE WHOLE
TIME DIRECTOR MR. P. J. ANTONY, RASHTRADEEPIKA BUILDING,
PALARIVATTOM, KOCHI PIN - 682025
RESPONDENTS:
1. THE REGISTRAR, TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL,
3RD AND 4TH FLOOR, SAMRAT HOTEL, KAUTILYA MARG, DIPLOMATIC ENCLAVE
CHANAKYAPURI, NEW DELHI PIN - 110021
2. ASIANET SATELLITE COMMUNICATIONS PVT. LTD., REGISTERED OFFICE - 2A,
SECOND FLOOR LEELA INFO PARK, TECHNO PARK, KAZHAKKOOTAM
THIRUVANANTHAPURAM, PIN - 695581
3. ASIANET DIGITAL PRIVATE LTD., REGISTERED OFFICE - 2A, SECOND FLOOR
LEELA INFOR PARK, TECHNO PARK, KAZHAKKOOTAM THIRUVANANTHAPURAM,
PIN - 695581
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings in B.P. No. 399/2021 on the files
of the Hon'ble Telecom Disputes and Settlement Appellate Tribunal, New
Delhi, pending the disposal of the present Writ Petition.
This petition coming on for admission upon perusing the petition
and the affidavit filed in support of WP(C) and upon hearing the arguments
of M/S RENJITH B.MARAR, LAKSHMI N.KAIMAL, P.RAJKUMAR, KESHAVRAJ NAIR, BIJU
VIGNESWAR, ARUN POOMULLI, ABHIJITH SREEKUMAR, ABHIRAM S., GAADHA SURESH,
T.K.BABU, JITHY PRADEEP & AKHILA RADHAKRISHNAN, Advocates for the
petitioner and of M/S. SAJI VARGHESE T. G. & MARIAM MATHAI, Advocates for
the respondents 2 and 3, the court passed the following:
C.S.DIAS,J
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W.P.(C) No.45899 of 2024
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Dated this the 16th day of January, 2025
ORDER
The writ petition is filed to direct the Telecom Disputes Settlement and Appellate Tribunal (1 st respondent) to permit the Director representing the petitioner to be cross-examined through video conference. The Director of the petitioner states that due to his life threatening disease, he is not in a position to travel to New Delhi and get himself cross- examined. Therefore, he may be permitted to opt the online mode.
2. The learned counsel appearing for the respondents 2 and 3 submits that due to the precarious medical condition of the Director representing the petitioner, the respondents 2 and 3 have no objection in any other Director of the petitioner representing the company and being W.P.(C) No.45899 of 2024 :2: examined as a witness in place of the present Director. Moreover, there is lack of infrastructure at the 1st respondent to cross-examine the Director through the online mode.
In the light of the rival submissions, I direct the Registry to call for a report from the 1 st respondent, to ascertain whether there is sufficient infrastructure in the 1st respondent Tribunal, to enable the cross-examination of the present Director through video conferencing and the present stage of the proceedings. The 1st respondent is directed to defer further proceedings in B.P.No.399/2021 by two weeks. The Registry is directed to communicate this order to the 1st respondent.
Post on 21.01.2025.
H/o Sd/-C.S.DIAS SCB.16.01.25. JUDGE 16-01-2025 /True Copy/ Assistant Registrar