A writ petition filed by Hinduja Global Solutions Ltd sought to quash an interim review order passed by the TDSAT. The Court held that since the orders were interim and prima facie, no interference was warranted under Article 226.
Disposed of; no substantial relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HINDUJA GLOBAL SOLUTIONS LTD
.....Petitioner
Through: Mr. Upender Thakur, Ms. Vishakha U. Thakur and Mr. Yashesvi Vashishtha, Advocates.
versus FASTWAY TRANSMISSION PVT LTD. & ORS. .....Respondents Through: Ms. Shweta Sharma, Advocate for R- 3.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R
% 12.07.2024
1 “Hinduja”
2 “Fastway”
3 “TRAI Act”
4 “Interim Order”
Page 1 of 4
W.P.(C) 8112/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:13:03
of the said order through Review Application No. 11/2023, which has been decided through order dated 9th May, 20245 . The impugned Review Order is reproduced hereinbelow:
“1. This application has been preferred by the original respondent for review/modification of order passed by this Tribunal on 15.12.2023 in B.P. No. 513 of 2023.
2. Having heard the counsels for both the sides and looking to the facts and circumstances of the case, it appears that on 15.12.2023 we have passed the following order:
2. Notice upon respondent. Ms. Kanupriya Gupta, accepts the notice on behalf of the respondent and seeking time to file Vakalatnama, to get instructions and to file reply. Time, as prayed for, is granted till the next date of hearing.
3. So far as ad-interim relief is concerned, it is argued out by the counsel for the petitioner at length and has submitted that petitioner's infrastructure is being used by the respondent along with other persons as mentioned in paragraph-6 and 7 of the memo of the petition for distribution of the signals and, therefore, it is submitted by the counsel for the petitioner that let respondent and its agent/distributor be restrained from sabotaging the network of the petitioner and cable wires, fiber etc. of the petitioner.
4. In view of this averments and also looking to the facts and circumstances of the case, we hereby restrain the respondent and its agent/distributor from using the network and infrastructure of the petitioner to supply its signals. We also restrain respondent and its agent/distributor from sabotaging the network of the petitioner. We hereby also restrain the respondent and its agent/distributor from cutting the cable wires, fiber etc. of the petitioner.
5. This ad-interim shall stand continue and operative till the next date of hearing.
6. This matter is adjourned to 23.4.2024.”
3. Thus, we had passed an order restraining the respondent and its agent and distributor from using the network and infrastructure of the petitioner to supply its signals. Counsel for this applicant (original respondent) submitted that they are not using the network and infrastructure of the petitioner to supply the signals.
4. Similarly, we have also restrained the respondent and its agent and distributor from sabotaging the network of the petitioner and from cutting the
5 “Review Order”
Page 2 of 4
W.P.(C) 8112/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:13:03
cable wires, fibers etc. of the petitioner. Counsel for the original respondent also submitted that they are not sabotaging the network of the petitioner nor they are cutting the cable wires, fibers etc of the petitioner.
5. Para No.4 of order dated 15.12.2023 shall now be read as under:
6. “4. In view of the facts and circumstances of the case, we hereby direct that nobody shall use the network and infrastructure of the petitioner who is not authorized under the law including the original respondent. We also hereby restrain that nobody shall sabotage the network of the petitioner, including the respondent. We also hereby direct that nobody shall cut the cable wires, fibers etc of the petitioner, including the respondent.”
7. Rest of the part of the order dated 15.12.2023 is maintained as it is. 8. With these observations, this R.A No. 11 of 2023 is disposed of. 9. B.P No. 513 of 2023: The original petitioner is permitted to file rejoinder affidavit in reply of the counter affidavit filed by the respondent. Time to file rejoinder affidavit is granted till the next date of hearing.
10. This Broadcasting petition is adjourned to 1.8.2024.”
Page 3 of 4
W.P.(C) 8112/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:13:03
Court’s jurisdiction under Article 226 of the Constitution of India. At the outset, it must be noted that the views expressed in the impugned orders are at an interim/ interlocutory stage. It is based on a prima facie assessment of the facts and contentions raised before it that the TDSAT has issued interim directions, and therefore, these are only tentative in nature. Both the Interim Order dated 15th December, 2023 and the subsequent Review Order dated 9th May, 2023, duly take note of the contentions raised by both sides. Pertinently, the Review Order specifically notes Hinduja’s denial of the allegations directed against them. Consequently, in the opinion of the Court, since these directions are only interim in nature and Hinduja will have adequate opportunity to put forth their case at the time of final adjudication, Hinduja is not prejudiced in any manner.
SANJEEV NARULA, J
JULY 12, 2024/ d.negi
Page 4 of 4
W.P.(C) 8112/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/07/2024 at 12:13:03
1 issue framed by the court
Whether the High Court can interfere with the interim/incidental orders passed by the TDSAT under Article 226 of the Constitution of India.
2 provisions across 2 enactments
Hinduja Global Solutions Ltd
Fastway Transmission Pvt Ltd
Sanjeev Narula
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
