Bombay High Court
The Film And Television Producers Guld ... vs Union Of India And Anr on 26 February, 2020
Bench: A. A. Sayed, Anuja Prabhudessai
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12.wpl.116.2020 (U).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL SIDE CIVIL JURISDICTION
WRIT PETITION (L) NO.116 OF 2020
WITH
INTERIM APPLICATION NO.1 OF 2020
The Film and Television Producers Guild of
India Ltd. & another ... Petitioners
Vs
The Union of India & another ... Respondents
WITH
WRIT PETITION (L) NO.117 OF 2020
Zee Entertainment Enterprises Ltd. & another ... Petitioners
Vs
Telecom Regulatory Authority of India ... Respondent
WITH
WRIT PETITION (L) NO.118 OF 2020
Sony Pictures Networks India Pvt. Ltd. ... Petitioner
Vs
Telecom Regulatory Authority of India ... Respondent
WITH
WRIT PETITION (L) NO.120 OF 2020
WITH
INTERIM APPLICATION NO.1 OF 2020
Indian Broadcasting Foundation & others ... Petitioners
Vs
Telecom Regulatory Authority of India & another ... Respondents
WITH
WRIT PETITION (L) NO.124 OF 2020
Shri S. Venkata Subramanian Shareholder of
Disney Board (India) Limited & Others ... Petitioners
Vs
Telecom Regulatory Authority of India & another ... Respondents
WITH
WRIT PETITION (L) NO.125 OF 2020
Asianet Star Communications Pvt. Ltd. & others ... Petitioners
Vs
Telecom Regulatory Authority of India & another ... Respondents
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12.wpl.116.2020 (U).doc
WITH
WRIT PETITION (L) NO.126 OF 2020
Shruti Takulia Shareholder & Head of Production
of NGC Network India Private Limited & another ... Petitioners
Vs
Telecom Regulatory Authority of India & another ... Respondents
WITH
WRIT PETITION (L) NO.127 OF 2020
Shri Sankunni Krishnan Kutty,
Shareholder of Star India Private Limited
& Others ... Petitioners
Vs
Telecom Regulatory Authority of India & another ... Respondents
WITH
WRIT PETITION (L) NO.147 OF 2020
TV 18 Broadcast Limited & Others ... Petitioners
Vs
Telecom Regulatory Authority of India ... Respondent
Mr. Mukul Rohatgi a/w. Shiraz Rustomjee i/b. Desai Desai Carrimjee And
Mulla for the Petitioners in WPL/127/2020
Mr. Janak Dwarkadas, Senior Advocate a/w Mr. Kunal Dwarkadas, Mr.
Ashwath Rau, Ms. Sonali Mathur, Ms. Roxanne Anderson, Ms. Anushka
Shah i/b AZB and Partners for the Petitioners in WPL/116/2020
Mr. Aditya Thakkar a/w. Mr. Ashish Mehta and Mr. Gauravg Kotwani i/b
Ethos Legal Alliance for Respondent No.1 in WPL/547/2020
Mr. Aditya Thakkar a/w. Mr. Ashish Mehta and Mr. Gauravg Kotwani &
Mr. J. Thomas i/b Ethos Legal Alliance for Respondent No. 2 in
WPL/118/2020, WPST/147/2020, WPL/120/2020, WPL/124/2020,
WPL/125/2020, WPL/126/2020, WPL/127/2020, WPL/117/2020,
WPL/116/2020
Mr. Navroz Seervai, Senior Counsel a/w. Mr. Kunal Tandon, Mr. Shashank
Sekhar, Ms. Upasana Vasu and Ms. Alisha Mehta i/b Wadia Ghandy & Co.
for the Petitioners in WPL/117/2020 & WP/680/2020
Mr. Soli Cooper, Senior Advocate with Mr. M. P. Bharucha, Ms. Shreya
Gupta, Mr. Pratik Singhvi i/b Bharucha & Partners for the Petitioner in
WPL/118/2020
Mr. Gopal Jain, Senior Advocate with Mr. Saikrishna Rajagopal, Mr.
Abhishek Malhota, Ms. Sapna Chaurasia, Ms. Sneha Herwade, Mr. Nitin
Sharma and Mr. Kanish Kumar i/b TMT Law Practice for the Petitioners in
WPL/120/2020
Mr. Venkatesh Dhond, Senior Advocate with Rohan Kelkar, Mr. Ashish
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Pyasi, Mr. Dinesh Jadhwani, Mr. Zaid Mansuri, Ms. Soumya Dubey i/b
Dhir and Dhir Associates for Respondent in WPL/120/2020,
WPL/116/2020 & WPL/124/2020.
T. N. Subramanian, Sr. Advocate a/w. Mr. Faiz Merchant i/b Ramiz Shaikh
for the Applicant in IA/1/2020 in WPL/120/2020
Mr. Pradeep Sancheti, Senior Advocate a/w. Mr. Sagar Ghogre, Mr. Harsh
Kaushik and Ms. Mrinalika Devarapalli i/b Govind B. Solanke for the
Petitioners in WPL/147/2020
Mr. Vineet Naik, Senior Advocate, Mr. Samsher Garud, Mr. Bijal Gandhi,
Ms. Bhavika Devora, Ms. Pooja Yadav i/b Jaykar and Partners for
Respondent No.2 in WPL/124/2020 & WPL/126/2020, WPL/547/2020,
WPL/117/2020
Mr. Vineet Naik a/w. Mr. Ashish Pyasi, Mr. Dinesh Jadhwani, Mr. Zaid
Mansuri, Ms. Soumya Dubey i/b Dhir and Dhir Associates for Respondent
in WPL/118/2020
Mr. Ashish Kamat a/w Mr. Ashish Pyasi, Mr. Dinesh Jadhwani, Mr. Zaid
Mansuri, Ms. Soumya Dubey i/b Dhir and Dhir Associates for Respondent
in WPL/125/2020, WPL/147/2020
CORAM : A. A. SAYED &
ANUJA PRABHUDESSAI, JJ.
DATED : 26th February, 2020 P.C.:
These are a bunch of nine Petitions. On 30 th January 2020, the Division Bench of this Court (Coram: S. C. Dharmadhikari & R. I. CHAGLA, JJ) passed the following order:
"1. Having heard both sides and fnding that there are arguable questions raised, we proceed to admit these petitions. Rule.
2. Since the parties agree that even for interim relief, detailed arguments would have to be canvassed by both sides, we direct that these petitions be placed on 12.2.2020 at the end of the supplementary board. The understanding of both sides is that on that day, this Court would proceed to hear the petitions fnally.
3. Needless to clarify that by this arrangement and if for some reason, the petitions could not be disposed of before 1.3.2020, the petitioners are at liberty to apply for interim relief.
4. As the constitutional validity of some provisions of the parent Act and the Rules framed thereunder, is challenged, AKN 3/5 ::: Uploaded on - 27/02/2020 ::: Downloaded on - 27/02/2020 14:02:41 ::: 4/5
12.wpl.116.2020 (U).doc the Registry shall cause a notice to be issued to the learned Attorney General of India. Hamdast is allowed. The Registry shall on the details of the email address of the learned Attorney General's ofce in Delhi being provided, issue notice by email as well.
5. S.O. to 12.2.2020."
2. Justice S. C. Dharmadhikari is now no more a Judge of this Court and part of the roster of that Bench has been assigned to this Bench. Part of the roster of the Bench of learned Chief Justice who has retired only couple of days ago has also been assigned to this Bench. This, apart from the regular assignment of this Bench. There are several matters moved before this Bench seeking urgent ad-interim relief which are also required to be dealt with.
3. The impugned 2020 Regulations and 2020 Tarif Order is to come into the force on 1st March, 2020. As observed in the order dated 30th January, 2020, even for interim relief detailed arguments would have to be canvased.
4. Considering the above and given the complex issues involved, it may not be easy task for us hear all the Counsel for the Petitioners and the Respondents and pass orders on the interim relief sought, in the two days left with us i.e. 27th February, 2020 and 28th February, 2020, before the impugned 2020 Regulations and 2020 Tarif Order is to come into force. Today, we have heard the matter in the afternoon session and Mr. Rohatagi, learned Senior Counsel for the Petitioners has completed his arguments and Mr. Dwarkadas, learned Senior Counsel AKN 4/5 ::: Uploaded on - 27/02/2020 ::: Downloaded on - 27/02/2020 14:02:41 ::: 5/5
12.wpl.116.2020 (U).doc has yet to complete his arguments. Other Senior Counsel/Counsel including that of the Respondents are yet to be heard.
5. In the above circumstances, without prejudice to rights and contentions of the parties, we deem it appropriate to request the learned Additional Solicitor General and the learned Senior Counsel for the Respondent - TRAI to take instructions whether the impugned 2020 Regulations and 2020 Tarif Order can be deferred. We note that even the operation of the earlier Regulations of 2017 was deferred by one month by the TRAI itself.
6. Stand over to 27th February, 2020 for further arguments.
(ANUJA PRABHUDESSAI, J.) (A. A. SAYED, J.) AKN 5/5 ::: Uploaded on - 27/02/2020 ::: Downloaded on - 27/02/2020 14:02:41 :::