Delhi High Court - Orders
Deepa M vs Satlinks & Anr on 20 February, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2153/2023 and CM APPL. 8124/2023, 8125/2023,
8190/2023
DEEPA M ..... Petitioner
Through: Mr. Anirudh Wadhwa, Mr. Atul
Shankar Vinod, Mr. Keshav Gulati &
Mr. Kanishk Garg, Advocates (M-
7838168393)
versus
SATLINKS & ANR. ..... Respondents
Through: Mr. Jayesh K Unnikrishnan & Mr.
Malay Swapnil, Advocates for R-3&4
(M-8800641010)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 20.02.2023
1. This hearing has been done through hybrid mode.
2. The present Petition has been filed seeking to quash/set aside the Order dated 14th November 2022 in Execution Application No. 7 of 2019 titled 'Satlinks v. Satellite Cable Vision' passed by the Hon'ble Telecom Disputes Settlement and Appellate Tribunal (hereinafter 'TDSAT').
3. Mr. Wadhwa, ld. Counsel submits that the TDSAT does not have jurisdiction to pass an order in execution proceedings directing the arrest or detention of a woman in a civil prison in execution of a decree for the payment of money, in view of Section 56 of Code of Civil Procedure,1908.
4. Ld. counsel for the Respondent submits that the decree has been upheld right till the Supreme Court and copies of the orders which have been placed on record are relied upon.
5. A perusal of the impugned order dated 14th November, 2022 shows W.P.(C) 2153/2023 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.02.2023 12:47:24 that the judgment and decree has been passed way back on 4th October, 2018 in the following terms:
"12. The period for which respondent may be liable under the agreement to pay for supply of signals by the petitioner has already been determined earlier as 20.4.2014 to 11.5.2015. The only issue required further to be decided is whether we should accept the petitioner's claim that the monthly charges for this period have not been paid or should accept the case of the respondent that it has paid the subscription charges in cash but without receipt. We do not find that petitioner is an illiterate or ill-informed person. There is no good reason why a literate and knowledgeable person in course of business dealings would continue making payments of dues in cash without obtaining receipts. The plea of trust and faith does not inspire confidence and does not make the defence of the respondent probable and acceptable. Hence, it is further held that the due of monthly subscription charges as claimed by the petitioner for the period noted above of 12 months and three weeks @ Rs.27,000/- per month is fit to be accepted and allowed. The actual amount, on computation, comes to Rs.3,44,250/-.
12.We allow the petition to the aforesaid extent. Petitioner is held entitled to a decree for Rs.3,44,250/- only. There is no specific prayer in the petition for award of any interest. Hence, oral prayer of the petitioner made at this stage for grant of reasonable interest is found not acceptable. The aforesaid amount decreed should be paid by the respondent to the petitioner within two months from today. In case the amount is not paid within the time fixed, it will be realizable along with interest @ 9% per annum from the date of this order till the date of realization. The Registry shall prepare a decree accordingly."
6. This order of the TDSAT has also been upheld by the Supreme Court W.P.(C) 2153/2023 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.02.2023 12:47:24 in its order dated 1st July, 2019. A perusal of the impugned order would show that the Respondent has moved execution proceedings and accordingly bailable warrants have been issued by the TDSAT.
7. Considering the fact that the Petitioner was running a cable operator business and the TDSAT has issued bailable warrants, this Court is not inclined to interfere in the present proceedings. Needless to add, if there are any legal grounds to be urged, the Petitioner is free to urge the same before the TDSAT.
8. The petition is dismissed in these terms.
PRATHIBA M. SINGH, J.
FEBRUARY 20, 2023 Rahul/RP W.P.(C) 2153/2023 Page 3 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.02.2023 12:47:24