Delhi High Court - Orders
Swami Films Entertainment Pvt. Ltd vs Prasar Bharti on 8 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9585/2021 & CM APPL. 29670/2021
SWAMI FILMS ENTERTAINMENT PVT. LTD.
..... Petitioner
Through Mr.Mahavir Singh Chahar &
Mr.Panchajanya Batra Singh, Advs.
versus
PRASAR BHARTI
..... Respondent
Through Mr. Rajeev Sharma, Senior Advocate
with Ms. Shruti Sharma and Mr. Saket Chandra,
Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 08.09.2021
1. The present writ petition under Article 226 of the Constitution of India has been preferred assailing the disconnection notice dated 28.08.2021 issued by the respondent.
2. Learned counsel for the petitioner submits that the petitioner has been compelled to approach this Court as presently no Bench is available in the TDSAT, which is the appropriate forum for seeking the relief sought in the present petition. He further submits that the petitioner will shortly file a petition assailing the impugned notice before the TDSAT, but prays that in the interregnum the respondent be restrained from taking coercive steps pursuant to the impugned notice.
Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:09.09.2021 17:59:573. On the other hand, Mr. Sharma, learned senior advocate, who appears on advance notice on behalf of the respondent, submits that the petitioner is a persistent defaulter and therefore deserves no indulgence from this Court.
4. In light of the stand taken by the respondent as also the admitted position that no Bench is available in the TDSAT till 15.09.2021, it has been put to learned counsel for the petitioner whether the petitioner, to show its bona fide, is willing to make some upfront payment to the respondent. In response, he submits that the petitioner is, without prejudice to its rights and contentions, willing to deposit a sum of Rs, 25,00,000/- with the respondent by tomorrow and a further sum of Rs. 25,00,000/- within one week from today.
5. Learned senior counsel for the respondent is agreeable to this suggestion.
6. The petition is, accordingly, disposed of by restraining the respondent from taking any coercive action against the petitioner pursuant to the impugned notice for a period of four weeks or till the petition which it proposes to file before the TDSAT is taken up for consideration, whichever is earlier. The same will, however, be subject to the petitioner preferring an appropriate petition under the Telecom Regulatory Authority of India Act, 1997 before the TDSAT within three days from today and paying to the respondent a sum of Rs.25,00,000/- by tomorrow and a further sum of Rs. 25,00,000/- within a week from today. This payment would however be without prejudice to the rights and contentions of both the sides. It is therefore made clear that if the petitioner does not take any steps for Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:09.09.2021 17:59:57 getting its petition listed for hearing before the TDSAT within a period of four weeks, this interim arrangement will stand vacated and the respondent will be free to initiate action against the petitioner in accordance with the impugned disconnection notice.
7. Needless to state that this Court has not expressed any opinion on the merits of the claim raised by the petitioner and this order will merge with any orders as may be passed by the Tribunal (TDSAT) in the petition to be preferred by the petitioner within a period of three days from today.
REKHA PALLI, J SEPTEMBER 8, 2021 acm Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:09.09.2021 17:59:57