Supreme Court - Daily Orders
Aircel Limited Etc. Etc. vs Union Of India on 12 October, 2018
Bench: A.K. Sikri, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). /2018
(@ Diary No(s). 30244/2018)
UNION OF INDIA APPELLANT(S)
VERSUS
M/S. RELIANCE COMMUNICATION LIMITED RESPONDENT(S)
O R D E R
Delay condoned.
Appeal admitted.
Pursuant to our order dated 07.09.2018 the parties had approached the High Court of Calcutta. The High Court of Calcutta has passed order dated 01.10.2018 which is to the following effect:
“Records reveal that initially the writ petition was entertained and an interim order was passed on 9th April, 2013 since at that juncture, the Telecom Dispute Settlement and Appellate Tribunal (in short, the TDSAT) was not properly constituted. The said interim order was subsequently extended on 19th April, 2013 and 4th June, 2013.
This Court has been informed today that the TDSAT is presently available and functioning.
In view thereof and with the consent of the parties, the writ petition and the connected applications are disposed of with liberty to the Signature Not Verified petitioners to approach the TDSAT for appropriate Digitally signed by ASHWANI KUMAR Date: 2018.10.25 relief on the selfsame cause of action and the interim order initially passed on 9th April, 2013 15:20:54 IST Reason:
is extended for a period of eight weeks from date.” 2 Pursuant to the aforesaid order the matter has now been taken up by Telecom Disputes Settlement & Appellate Tribunal (TDSAT).
The order dated 09.10.2018 passed by the TADSAT is produced before us. This order shows that the matter is now listed for hearing before the TDSAT on 31.10.2018 as first case, subject to overnight part heard, if any. Learned counsel for the parties assure that they will argue the matter before the TDSAT on that date and shall not be seeking adjournment. In view thereof, it is not necessary to keep these appeals pending. Accordingly, the appeal stands dismissed.
However, till the TDSAT decides the matter, the bank guarantee shall be kept alive.
......................J. [A.K. SIKRI] ......................J. [ASHOK BHUSHAN] NEW DELHI;
OCTOBER 12, 2018.
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ITEM NO.53 COURT NO.4 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 2230-2231/2017 AIRCEL LIMITED ETC. ETC. Appellant(s) VERSUS UNION OF INDIA Respondent(s) WITH C.A. No. 2280-2282/2017 (XII) C.A. No. 2247-2248/2017 (XII) I.A. NO. 3/2016- INTERVENTION APPLICATION Diary No(s). 30244/2018 (XVII) Date : 12-10-2018 These appeals were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN Counsel for Parties:
Mr. Mukul Rohatgi, Sr. Adv. Mr. Salman Khursheed, Sr. Adv. Mr. Mahesh Agarwal, Adv.
Mr. Rishi Agrawala, Adv.
Mr. Chaitanya Safaya, Adv. Mr. Viabhav Niti, Adv.
Mr. Prateek Gupta, Adv.
Ms. Alisha Panda, Adv.
Ms. Surabhi Limaye, Adv.
Mr. Vikramaditya Singh, Adv. Mr. Zafar Khushid, Adv.
Mr. E. C. Agrawala, AOR Mr. P.S. Narsimha, ASG Mr. Vikramjit Banerjee, ASG Ms. Binu Tamta, Adv.
Ms. Nachiketa Joshi, Adv. Mr. Sachin Sharma, Adv.
Mr. R. Balasubramanian, Adv. Mr. Gurmeet Singh Makker, AOR Mrs. Anil Katiyar, AOR M/S. Khaitan & Co., AOR 4 Mr. Ranjit Kumar, SR. Adv. Mr. Anuj Berry, Adv.
Mr. Malak Bhatt, Adv.
Mr. Rishi Raj Sharma, Adv. Ms. Shriya Ray Chaudhari, Adv. Ms. Saumya Singh, Adv.
Mr. S.S. Shroff, Adv.
UPON hearing the counsel the Court made the following O R D E R C.A. No. /2018 @ Diary No(s). 30244/2018 Delay condoned.
Appeal admitted.
The appeal is dismissed in terms of the signed order.
Pending application(s), if any, stands disposed of accordingly.
C. A.No(s). 2230-2231/2017, C.A. No. 2280-2282/2017 & C.A. No. 2247-2248/2017 List after four weeks.
(ASHWANI THAKUR) (RAJINDER KAUR) COURT MASTER (SH) COURT MASTER (Signed order is placed on the file)