Delhi High Court - Orders
Bharti Airtel Ltd vs Union Of India on 3 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9487/2021
BHARTI AIRTEL LTD ..... Petitioner
Through Mr.Maninder Singh, Sr. Adv. with
counsel.
versus
UNION OF INDIA ..... Respondent
Through Mr.Chetan Sharma, ASG with
Mr.Ravi Prakash, CGSC, Mr.Varun Agarwal &
Ms.Shruti Shivkumar, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 03.09.2021 CM APPL. 29443/2021
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 9487/2021
1. The present petition has been preferred seeking a direction restraining the respondent from encashing the financial Bank Guarantees in pursuance of its demand notice dated 17.08.2021 for a period of two weeks from 14.09.2021.
2. Learned senior counsel for the petitioner submits that upon the aforesaid demand notice being issued by the respondent, the petitioner had approached the Hon'ble Supreme Court by way of a Miscellaneous Application No.1285/2021 in C.A.Nos.6328-6399/ Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21 2015, wherein the Hon'ble Supreme Court, on 24.08.2021, while permitting the petitioner to withdraw its application with liberty to approach the appropriate forum for redressal of its grievance, had restrained the respondent from invoking the financial Bank Guarantees for a period of three weeks. In pursuance to the liberty so granted, the petitioner has already, on 30.08.2021, approached the appropriate forum i.e., Telecom Disputes Settlement and Appellate Tribunal (TDSAT) by way of a petition bearing TP No. 38/2021, which has, however, not been taken up for consideration as the said Tribunal is not holding Court till 14.09.2021, on which date, the three weeks time granted by the Supreme Court will expire.
3. Mr.Singh submits that since this Court has supervisory jurisdiction over the TDSAT, the petitioner has been compelled to approach this Court for appropriate directions so that the interim protection of three weeks granted by the Supreme Court is not rendered futile. He, therefore, prays that the respondent be restrained from encashing the Bank Guarantees till the petition preferred by the petitioner is taken up for preliminary consideration by the TDSAT.
4. Issue notice. Mr.Ravi Prakash accepts notice on behalf of the respondents and keeping in nature the relief sought in the present petition, submits that he does not propose to file any counter affidavit.
5. The learned ASG, appearing on behalf of the respondent, does not dispute that the TDSAT is not holding Court till 14.09.2021, on which date, the three weeks' time granted by the Supreme Court will expire. He also fairly submits that in these peculiar circumstances - when the Bench at the appropriate forum i.e. TDSAT is unavailable, the Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21 petitioner would be entitled to seek an extension of the interim protection granted by the Supreme Court. He, however, opposes the petition by contending that the petitioner ought to approach the Supreme Court for seeking extension of the interim protection granted to it on 24.08.2021.
6. Having considered the submissions of the parties, I am of the view that once the Supreme Court has already granted interim protection to the petitioner for a period of three weeks till 14.09.2021 with liberty to approach the appropriate forum i.e. TDSAT, which the petitioner has already done; at this stage, when it is the admitted case of the parties that the Bench at TDSAT would be available from 15.09.2021, it would be in the interest of justice to extend the said protection for a period of one week instead of relegating the petitioner once again to the Supreme Court.
7. The petition is, therefore, partly allowed, by restraining the respondent from invoking the subject Bank Guarantees till 21.09.2021.
REKHA PALLI, J SEPTEMBER 3, 2021/kk Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21