Delhi High Court - Orders
Hinduja Global Solutions Ltd vs Fastway Transmission Pvt Ltd. & Ors on 12 July, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8112/2024 & CM APPL. 33348/2024, CM APPL.
33350/2024
HINDUJA GLOBAL SOLUTIONS LTD .....Petitioner
Through: Mr. Upender Thakur, Ms. Vishakha
U. Thakur and Mr. Yashesvi
Vashishtha, Advocates.
versus
FASTWAY TRANSMISSION PVT LTD. & ORS. .....Respondents
Through: Ms. Shweta Sharma, Advocate for R-
3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.07.2024
1. Hinduja Global Solutions Ltd.1, the Petitioner before this Court, is the Respondent in Broadcasting Petition No. 513/2023 titled 'Fastway Transmission Pvt. Ltd. v. Hinduja Global Solutions Limited'. The said petition has been preferred by Fastway Transmission Pvt. Ltd.2, Respondent No. 1 herein, under Section 14 of the Telecom Regulatory Authority of India Act, 19973, for directing Hinduja to refrain from using the network and assets of Fastway.
2. On 15th December, 2023, the Telecom Disputes Settlement & Appellate Tribunal, New Delhi (TDSAT) passed certain interim directions restraining the Petitioner from using/ sabotaging the infrastructure of Fastway for distribution of signals4. Thereafter, Hinduja applied for review 1 "Hinduja"
2"Fastway"3
"TRAI Act"4
"Interim Order"W.P.(C) 8112/2024 Page 1 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2024 at 02:22:03 of the said order through Review Application No. 11/2023, which has been decided through order dated 9th May, 20245. The impugned Review Order is reproduced hereinbelow:
"1. This application has been preferred by the original respondent for review/modification of order passed by this Tribunal on 15.12.2023 in B.P. No. 513 of 2023.
2. Having heard the counsels for both the sides and looking to the facts and circumstances of the case, it appears that on 15.12.2023 we have passed the following order:
"1. This Broadcasting Petition is admitted.
2. Notice upon respondent. Ms. Kanupriya Gupta, accepts the notice on behalf of the respondent and seeking time to file Vakalatnama, to get instructions and to file reply. Time, as prayed for, is granted till the next date of hearing.
3. So far as ad-interim relief is concerned, it is argued out by the counsel for the petitioner at length and has submitted that petitioner's infrastructure is being used by the respondent along with other persons as mentioned in paragraph-6 and 7 of the memo of the petition for distribution of the signals and, therefore, it is submitted by the counsel for the petitioner that let respondent and its agent/distributor be restrained from sabotaging the network of the petitioner and cable wires, fiber etc. of the petitioner.
4. In view of this averments and also looking to the facts and circumstances of the case, we hereby restrain the respondent and its agent/distributor from using the network and infrastructure of the petitioner to supply its signals. We also restrain respondent and its agent/distributor from sabotaging the network of the petitioner. We hereby also restrain the respondent and its agent/distributor from cutting the cable wires, fiber etc. of the petitioner.
5. This ad-interim shall stand continue and operative till the next date of hearing.
6. This matter is adjourned to 23.4.2024."
3. Thus, we had passed an order restraining the respondent and its agent and distributor from using the network and infrastructure of the petitioner to supply its signals. Counsel for this applicant (original respondent) submitted that they are not using the network and infrastructure of the petitioner to supply the signals.
4. Similarly, we have also restrained the respondent and its agent and distributor from sabotaging the network of the petitioner and from cutting the 5 "Review Order"
W.P.(C) 8112/2024 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2024 at 02:22:03 cable wires, fibers etc. of the petitioner. Counsel for the original respondent also submitted that they are not sabotaging the network of the petitioner nor they are cutting the cable wires, fibers etc of the petitioner.
5. Para No.4 of order dated 15.12.2023 shall now be read as under:
6. "4. In view of the facts and circumstances of the case, we hereby direct that nobody shall use the network and infrastructure of the petitioner who is not authorized under the law including the original respondent. We also hereby restrain that nobody shall sabotage the network of the petitioner, including the respondent. We also hereby direct that nobody shall cut the cable wires, fibers etc of the petitioner, including the respondent."
7. Rest of the part of the order dated 15.12.2023 is maintained as it is.
8. With these observations, this R.A No. 11 of 2023 is disposed of.
9. B.P No. 513 of 2023: The original petitioner is permitted to file rejoinder affidavit in reply of the counter affidavit filed by the respondent. Time to file rejoinder affidavit is granted till the next date of hearing.
10. This Broadcasting petition is adjourned to 1.8.2024."
3. The grievance urged by Hinduja through the instant petition is that the TDSAT has issued directions under a presumption that Hinduja is using the network and infrastructure of Fastway for supply of signals. In fact, Hinduja has legally expanded their cable business operations, and neither Hinduja nor any of their agents/ distributors are using or sabotaging the network or infrastructure of Fastway. Counsel for Hinduja submits that despite taking note of this contention when considering the review application, the TDSAT did not review the directions issued vide the Interim Order. Rather, while issuing directions restraining any party from unauthorizedly using or sabotaging Fastway's network and infrastructure, the Review Order specifically singles out Hinduja. This portrays Hinduja in a negative light by indicating that they were engaging in such nefarious activities. In view of the above, the instant petition prays for quashing of the impugned Review Order dated 9th May, 2024.
4. In the considered opinion of the Court, the aforenoted circumstances do not justify any interference with the impugned orders in exercise of this W.P.(C) 8112/2024 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2024 at 02:22:05 Court's jurisdiction under Article 226 of the Constitution of India. At the outset, it must be noted that the views expressed in the impugned orders are at an interim/ interlocutory stage. It is based on a prima facie assessment of the facts and contentions raised before it that the TDSAT has issued interim directions, and therefore, these are only tentative in nature. Both the Interim Order dated 15th December, 2023 and the subsequent Review Order dated 9th May, 2023, duly take note of the contentions raised by both sides. Pertinently, the Review Order specifically notes Hinduja's denial of the allegations directed against them. Consequently, in the opinion of the Court, since these directions are only interim in nature and Hinduja will have adequate opportunity to put forth their case at the time of final adjudication, Hinduja is not prejudiced in any manner.
5. Nonetheless, the Court clarifies that the views expressed in the impugned Interim Order dated 15th December, 2023 and Review Order dated 9th May, 2023 are tentative and prima facie in nature, and the final adjudication of Broadcasting Petition No. 513/2023, which is pending consideration, shall be done independently, uninfluenced by the observations contained in the aforenoted impugned orders.
6. The Court has not examined the merits of the case, and all rights and contentions of the parties are left open to be urged before the TDSAT.
7. In light of the above, the present petition is disposed of, along with pending applications.
SANJEEV NARULA, J JULY 12, 2024/d.negi W.P.(C) 8112/2024 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/07/2024 at 02:22:06