The Court closed a contempt proceedings because the underlying writ petition regarding the interim order was dismissed, rendering the contempt case unnecessary while preserving liberty to challenge the appeal.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 24TH DAY OF JANUARY 2019 / 4TH MAGHA, 1940
Con.Case(C).No. 474 of 2018 IN WP(C). 6681/2018
AGAINST THE ORDER/JUDGMENT IN WPC 6681/2018 of HIGH COURT OF KERALA
PETITIONER/S:
CABLE OPERATORS WELFARE ASSOCIATION
JAIHIND BUILDING, KUMBALAPALLY ROAD,CHALIKKAVATTOM, VENNALA P.O.,ERNAKULAM REPRESENTED BY ITS PRESIDENT NAVEEN.V.D.
BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.JOSEPH GEORGE (KANNAMPUZHA)
RESPONDENT/S:
1 SAMEER MANCHANDA AGE NOT KNOWN, FATHER'S NAME NOT KNOWNCHAIRMAN & MANAGING DIRECTOR,DEN NET WORKS LIMITED,236, OKHIA INDUSTRIAL PHASE-3,NEW DELHI - 110 020.
2 S.N.SHARMA AGE NOT KNOWN, FATHER'S NAME NOT KNOWN,CHIEF EXECUTIVE OFFICER,DEN NET WORKS LIMITED,236, OKHLA INDUSTRIAL PHASE-3,NEW DELHI - 110 020.
3 RENJU JOSHI
AGE NOT KNOWN, FATHER'S NAME NOT KNOWN OPERATION MANAGER, DEN NET WORKS LIMITED,KOSHY ARCADE, OPPOSITE OBERON MALL,ANCHUMANA, BYPASS, ERNAKULAM, KOCHI-6820
BY ADV. SRI.P.JAYABAL MENON
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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Con.Case(C).No. 474 of 2018 IN WP(C). 6681/2018
JUDGMENT
This Contempt of Court is filed by the
petitioner complaining that steps are taken by the respondent in violation of the directives contained in the interim order. The interim order is passed by this Court on 28.02.2018 in the following manner “third respondent is directed to maintain status
quo as regards the rate of set top box as mentioned in Ext.P7”.
dismissed by learned Single Judge of this Court on 14.01.2019 and the petitioner intends to prefer an appeal. In view of the changed circumstances and
the dismissal of the writ petition, the continuance of the Contempt of Court case may not be required.
Therefore this Contempt of Court is closed
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Con.Case(C).No. 474 of 2018 IN WP(C). 6681/2018
leaving open the liberty of the petitioner to challenge whatever infirmities in the appeal.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
Con.Case(C).No. 474 of 2018 IN WP(C). 6681/2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE-A1 A PHOTOSTAT COPY OF THE LIST OF MEMBERS OF THE PETITIONER RECEIVING CABLE TV CHANNEL SIGNALS FROM THE DEN NET WORKS LIMITED.
ANNEXURE-A2 A PHOTOSTAT COPY OF THE ONE OF THE MONTHLY INVOICE EXECUTED ISSUED BY DEN NET WORKS LIMITED TO ONE OF THE MEMBERS OF THE PETITIONER
ANNEXURE-A3 A PHOTOSTAT COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN WP(C) NO.21901/2016.
ANNEXURE-A4 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN CON.CASE NO. 2077/2016.
ANNEXURE-A5 A PHOTOSTAT COPY OF THE ONE OF THE PRESENT MONTHLY INVOICE ISSUED BY THE DEN NET WORKS LIMITED TO ONE OF THE MEMBERS OF THE PETITIONER.
ANNEXURE-A6 A PHOTOSTAT COPY OF THE ORDER OF THE TDSAT IN BROADCASTING PETITION NO. 354/2016
ANNEXURE-A7 A PHOTOSTAT COPY OF THE ORDER OF THE TDSAT IN BROADCASTING PETITION NO. 354/2016
ANNEXURE-A8 A PHOTOSTAT COPY OF THE E-MAIL SENT BY THE 3RD RESPONDENT TO ONE OF THE MEMBERS OF THE PETITIONER.
ANNEXURE-A9 A CERTIFIED COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN WP(C) NO. 6681/2018
ANNEXURE-A10 A PHOTOSTAT COPY OF THE E-MAIL SENT BY ONE OF THE MEMBERS OF THE PETITIONER TO
Con.Case(C).No. 474 of 2018 IN WP(C). 6681/2018
THE 3RD RESPONDENT.
ANNEXURE-A11 A PHOTOSTAT COPY OF THE E-,AIL SENT BY THE PETITIONER TO THE 3RD RESPONDENT. ANNEXURE-A12 A PHOTOSTAT COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ERNAKULAM TO THE DEN NET WORKS LIMITED. ANNEXURE-13 A PHOTOSTAT COPY OF STANDARD INTERCONNECTION AGREEMENT AND COVERING LETTER PROVIDED BY THE RESPONDENT AND SIGNED BY ONE OF THE MEMBERS OF THE PETITIONER.
RESPONDENT'S/S EXHIBITS:
ANNEXURE-R3/1 TRUE COPY OF THE INVOICE NO. KE/17-18/1012273 DATED 28/2/2018 ANNEXURE-R3/2 TRUE COPY OF THE INVOICE NO. KE/17-18/1012179 DATED 28/2/2018
2 issues framed by the court
Whether the continuation of the contempt case is required given the dismissal of the underlying writ petition.
Whether the liberty to challenge the appeal should be preserved.
CABLE OPERATORS WELFARE ASSOCIATION
SAMEER MANCHANDA
S.N.SHARMA
RENJU JOSHI
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
