Big V Telecom Pvt. Ltd. Nagpur Thr. Duly ... vs Union Of India, Ministry Of Electronics ... on 4 February, 2019

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Bombay High Court

Big V Telecom Pvt. Ltd. Nagpur Thr. Duly ... vs Union Of India, Ministry Of Electronics ... on 4 February, 2019

Bench: Ravi K. Deshpande

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                                                                     0402wp7769.17.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR
                             Writ Petition No.7769 of 2017
 Big V Telecom Private Limited, through its duly authorized Signatory, Shri Ashwin s/o
                                    Maganlal Paigwar
                                          Versus
Union of India, Ministry of Electronics & Information Technology, through its Secretary,
                                 New Delhi, and others.

Office Notes, Memoranda of Coram,
appearances, Court's orders or directions   Court's or Judge's orders
and Registrar's order
          Shri T.D. Mandlekar, Advocate for Petitioner.
          Shri S.A. Chaudhari, Advocate for Respondent No.1.
          Shri C.V. Deopujari, Advocate for Respondent Nos.6 to 9.

            Coram : R.K. Deshpande & Vinay Joshi, JJ.

Dated : 4th February, 2019 The petitioner seeks a direction to the respondent Nos.1 to 3 to remove websites, named as www.consumercomplaint.in and www.complaintboard.in on the ground that the websites are in violation of I.T. (I.G.) Rules, 2011 and I.T. (Cert) Rules, 2013.

We passed an order on 1-8-2018 as under :

" The respondent no.2 - Computer Emergency Response Team to file an affidavit how representation dated 27/10/2017 submitted by the petitioner is processed and considered. We also expect respondent no.2 to file an affidavit as to what action is taken on such representation.

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0402wp7769.17.odt Put up this matter on 11/09/2018."

In response to the aforesaid order, the respondent Nos.1 and 2 to file an affidavit dated 27-7-2018 stating in Paragraphs 14 and 15 as under :

"14. I also state that vide notification no.G.S.R. 410(E) dated 17/05/2010, both the above stated notifications, i.e. 181(E) and 529(E) have been rescinded. The same notification is annexed as Annexure R1/4 to this Affidavit."

"15. I say that from the above law and facts (paras 13 - 14 of this Affidavit) it can be observed that as regards the power of blocking websites, no such power lies with CERT-IN to issue directions for blocking of websites. The power to block websites rests with Respondent No.1 under section 69a of the Act and Rules made thereunder, as mentioned above and that too with respect to the contingencies as stipulated."

We are surprised to note that instead of answering the challenges on merits, the affidavit is filed that the power to block the websites vests with the respondent No.1. The direction was given by this Court to the respondent No.2, but that does not ::: Uploaded on - 05/02/2019 ::: Downloaded on - 06/02/2019 00:43:11 ::: 3 0402wp7769.17.odt mean that the respondent No.1 filing affidavit conveniently avoids the reply on merits of the controversy.

We direct the respondent No.1 to file reply on merits within a period of eight weeks from today; failing which, each of the respondent Nos.1 and 2 to deposit the costs of Rs.20,000/- in this Court.

List this matter on 1-4-2019.

                     (Vinay Joshi, J.)                  (R.K. Deshpande, J.)
Lanjewar




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