Disposed

Videocon Telecommunications Ltd. v. Atc Telecom Tower Corporation Pvt. Ltd.

Delhi HC15 Jul 2016FAO(OS) (COMM)/47/2016

Case brief

AI extract

What is this about?

The High Court passed a consent order dispensing with the requirement of a deposit from the appellant for hearing pending appeals in branch court cases while securing assets and future valuations, leaving the merits for independent decision.

What did the court decide?

The appellant was exempted from making the deposit required for hearing pending OMPs and directed to file a certified statement of fixed assets.

Videocon Telecommunications Ltd. Vs Atc Telecom… — Civil Procedure and Limitation | Delhi HC (2016)

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Signature Not Verified Digitally Signed By:AM UL YA

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INDUS TOWERS LTD Respondent Through Mr Sandeep Sethi, Sr. Adv. with Mr Dinesh Agnani, Mr Nishant Menon, Mr Abhishek Birthray, Mrshafiq Ahmed, Advs.

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CORAM:

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HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE ASHUTOSH KUMAR ORDER % 15.07.2016

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CM 24676/2016 in FAOfOS) (COMMV46/2016 CM 24679/2016 in FAO(OSI (COMMY 47/2016 CM 24682-83/2016 in FAOIOSI (COMMI 48/2016 CM 24686-87/2016 in FAOIOSI (COMM) 49/2016

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Allowed subject to all just exceptions

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FAO(OS) iCOMMI 46/2016 & CM 24675/2016 & 24677/2016 FAQ(OSI (COMM) 47/2016 & CM 24678/2016 & 24680/2016 FAOIOSI (COMMI 48/2016 & CM 24681/2016 & 24684/2016 FAorosyrcoMMi 49/2016 & cm 24685/2016

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After hearing the learned counsel for the parties on both sides at some length, it is ) agreed that the following order be passed:

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The learned Single Judge shall pronounce the decision on the pending OMPs without requiring the appellant to make the deposit as directed in the orders dated 01.04.2016 and 26.05.2016, at this stage.

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The appellant shall give an undertaking before the learned Single Judge that it shall not part with any of the fixed assets to the extent of amounts prayed for in the said OMPs till the disposal of the OMPs.

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The appellant shall also file a statement of its fixed assets in a sealed cover before the learned Single Judge within a week as certified by the Chartered Accountant in terms of value.

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We are making it clear that we have not made any observations on the merits of the matter and the learned Single Judge shall render his decision independently. This

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consent order is only for the interim period and shall not come in the way of the learned Single Judge in any manner in his arriving at a decision on merits and is without prejudice to the rights and contentions of the parties as argued before the learned Single Judge.

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The appeals stand disposed of on the above terms. Dasti under the signatures of the Court Master.

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BADAR DURREZ AHMED, J

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ASHUTOSH KUMAR, J

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^LY 15, 2016/ab

Videocon Telecommunications Ltd. v. Atc Telecom Tower Corporation Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Videocon Telecommunications Ltd. v. Atc Telecom Tower Corporation Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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