Supreme Court - Daily Orders
M/S Jeevan Telecasting Corporation ... vs Asianet Satellite Communications Ltd. on 22 February, 2024
Bench: Pamidighantam Sri Narasimha, Aravind Kumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6839 OF 2018
M/S JEEVAN TELECASTING CORPORATION LTD. ... APPELLANT(S)
VS.
ASIANET SATELLITE COMMUNICATIONS LTD. ... RESPONDENT(S)
O R D E R
1. This appeal arises out of the decision of the Kerala High Court dismissing the Original Petition (Civil) filed by the appellant against the interim order of the Telecom Disputes Settlement and Appellate Tribunal (in short, ‘the TDSAT’).
2. The respondent had approached the TDSAT by filing a Broadcasting Petition, numbered as BP 391/2016, under Sections 14 and 14 (A) of the Telecom Regulatory Authority of India Act, 1997, seeking recovery of “carriage fees” from the appellant. During the course of proceedings, the appellant sought to file an additional written statement, which was dismissed by the TDSAT on 08.11.2017. Challenging the said order, the appellant approached the Signature Not Verified Kerala High Court under Article 227 of the Constitution, Digitally signed by Rajni Mukhi Date: 2024.03.04 18:53:24 IST Reason: which came to be dismissed by the order dated 04.12.2017, impugned before us.
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3. We heard Mr. Renjith B. Marar, counsel for the appellant and Mrs. Shirin Khajuria, senior counsel for the respondent.
4. We are informed that proceedings before the TDSAT have culminated in a final order and the lis between the parties has been concluded under the circumstances
5. In view of the above referred development, this appeal has become infructuous. There is therefore no need to examine the issue arising for consideration.
6. The appeal therefore dismissed as having become infructuous. The question of law relating to the jurisdiction that the High Court could exercise under Article 227 against orders of the TDSAT is kept open for being considered in an appropriate case.
7. There shall be no order as to costs.
...........................J. [PAMIDIGHANTAM SRI NARASIMHA] ..........................J. [ARAVIND KUMAR] NEW DELHI;
FEBRUARY 22, 2024.
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ITEM NO.105 COURT NO.16 SECTION XI-A
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). 6839/2018
M/S JEEVAN TELECASTING CORPORATION LTD. Appellant(s)
VERSUS
ASIANET SATELLITE COMMUNICATIONS LTD. Respondent(s)
IA No. 152055/2023 - EARLY HEARING APPLICATION Date : 22-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ARAVIND KUMAR For Appellant(s) Mr. Renjith B. Marar, Adv.
Ms. Lakshmi N. Kaimal, AOR Mr. Rajkumar Pavothil, Adv.
Mr. Arun Poomulli, Adv.
Mr. Keshavraj Nair, Adv.
Mr. Harsh Vardhan Shah Shyam, Adv. Mr. Davesh Kumar Sharma, Adv.
Ms. Ashu Jain, Adv.
Mr. Avinash Krishnakumar, Adv.
For Respondent(s) Mrs. Shirin Khajuria, Sr. Adv.
Mr. Ankit Yadav, AOR Ms. Nayan Gupta, Adv.
Ms. Oshi Verma, Adv.
Ms. Prakriti Rastogi, Adv.
UPON hearing the counsel the Court made the following O R D E R Civil Appeal is dismissed as having become infructuous in terms of the Signed Order which is placed on the file. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON)
COURT MASTER (SH) COURT MASTER (NSH)
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