Kerala High Court
M/S. Jeevan Telecasting Corporation ... vs The Registrar on 21 January, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:4406
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 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
BY ADVS.
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
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,
2025:KER:4406
WP(C). No. 45899 of 2024 2
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
BY ADVS.
SAJI VARGHESE T. G
MARIAM MATHAI(M-92)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:4406
WP(C). No. 45899 of 2024 3
Dated this the 21st day of January, 2025
JUDGMENT
The writ petition is filed to direct the Telecom Dispute Settlement and Appellate Tribunal ('Tribunal', for short), New Delhi, to permit Sri. P.J. Antony, the Director of the petitioner company, to be cross-examined in B.P. No. 399/2021 through video conferencing.
2. The petitioner company is the respondent in B.P. No. 399/2021 on the files of the Tribunal, filed by the second respondent for recovery of money. The petitioner is represented by Sri. P.J. Antony, who is terminally ill. The said person is not in a position to travel to New Delhi and subject himself to cross- examination in the case. By Ext. P8 order, the Tribunal had struck off the right of the petitioner's witness to be cross-examined. On 24.09.2024, the Tribunal posted the case for final hearing. By Ext. P10 judgment, this Court 2025:KER:4406 WP(C). No. 45899 of 2024 4 directed the Tribunal to grant Sri. P.J. Antony one more opportunity to let in his evidence. But, Sri. P.J. Antony again fell ill. Therefore, the petitioner prays that the Tribunal may be directed to permit Sri. P.J. Antony to be cross-examined through the online mode. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner, and the learned counsel for the respondents 2 and 3.
4. When the writ petition came up for consideration on 16.01.2025, this Court directed the Registry to call for a report from the first respondent to ascertain whether there is sufficient infrastructure in the tribunal to enable Sri. P.J. Antony to be cross-examined through video conferencing. The first respondent was also directed to defer further proceedings in B. P. No. 399/2021.
5. The learned counsel for the respondents 2 and 3 submitted that, subsequent to the passing of the 2025:KER:4406 WP(C). No. 45899 of 2024 5 interim order, the Tribunal has posted the case to two weeks after 17.01.2025 to fix the convenient date for the cross-examination of Sri. P.J. Antony through online mode. The respondents 2 and 3 have no objection to cross-examine Sri. P.J. Antony online, but the petitioner may not be permitted to protract the proceedings under the guise of the directions of this Court. Therefore, a definite time frame may be fixed by this Court for completing the cross-examination of Sri. P.J. Antony. I find the above submission to be justifiable, especially due to the fact that the proceedings are of the year 2021 and the witness had filed his proof affidavit in lieu of chief examination in October 2023.
Resultantly, the writ petition is allowed by permitting Sri. P.J. Antony to be cross-examined by the respondents 2 and 3 through the video conferencing facility of the Tribunal. The witness shall be prepared for cross-examination from 03.02.2025. The Tribunal 2025:KER:4406 WP(C). No. 45899 of 2024 6 shall ensure that the cross-examination of the said witness is completed within two weeks from 03.02.2025.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE mtk/ 21.01.25 2025:KER:4406 WP(C). No. 45899 of 2024 7 APPENDIX OF WP(C) 45899/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PETITION IN B. P. NO.
399/2021 ON THE FILES OF THE TDSAT, NEW DELHI.
EXHIBIT P2 TRUE COPY OF THE EVIDENCE BY WAY OF AFFIDAVIT OF PW1 MR. ARUN RAJ IN B. P. NO. 399/2021 ON THE FILES OF THE TDSAT, NEW DELHI.
EXHIBIT P3 TRUE COPY OF THE EVIDENCE BY WAY OF AFFIDAVIT OF RW1 P. J. ANTONY IN B. P. NO. 399/2021 ON THE FILES OF THE TDSAT, NEW DELHI.
EXHIBIT P4 TRUE COPY OF THE MEDICAL CERTIFICATE OF MR. P. J. ANTONY DATED 09.08.2022 ISSUED BY DR. K. PAVITHRAN, PROFESSOR- MEDICAL ONCOLOGY, AMRITA INSTITUTE OF MEDICAL SCIENCES, ERNAKULAM.
EXHIBIT P5 TRUE COPY OF THE MEDICAL CERTIFICATE OF MR. P. J. ANTONY DATED 17.09.2024 ISSUED BY DR. K. PAVITHRAN, PROFESSOR- MEDICAL ONCOLOGY, AMRITA INSTITUTE OF MEDICAL SCIENCES, ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 10.05.2024 IN B. P. NO. 399/2021 ON THE FILES OF THE LD. TDSAT, NEW DELHI.
EXHIBIT P7 TRUE COPY OF THE ORDER OF THE REGISTRAR, TDSAT NEW DELHI DATED 11.07.2024 IN B. P. NO. 399/2021.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 16.07.2024 IN B. P. NO. 399/2021 ON THE FILES OF THE LD. TDSAT, NEW DELHI.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 24.09.2024 IN B. P. NO. 399/2021 ON THE FILES OF THE 2025:KER:4406 WP(C). No. 45899 of 2024 8 LD. TDSAT, NEW DELHI.
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 06.11.2024 IN W. P. (C). NO. 38217 OF 2024 PASSED BY THIS HON'BLE COURT.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 28.11.2024 IN B. P. NO. 399/2021 ON THE FILES OF THE LD. TDSAT, NEW DELHI.
EXHIBIT P12 TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER DATED 14.12.2024 ISSUED BY AMRITA INSTITUTE OF MEDICAL SCIENCES, ERNAKULAM.