Hathway Space Vision v. Suresh Kambli
Case brief
What is this about?
The Tribunal dismissed a plea to dismiss the petition under Order VII Rule 11 CPC. It held that an arbitral award dismissing claims without examining merits was not enforceable and no cause of action was made out for rejection at the stage where the petition disclosed cause. The respondent was directed to file a reply.
What did the court decide?
The respondent was directed to file a reply to the main petition within four weeks and a rejoinder within two weeks thereafter.
What the court decided
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
6/7/2018
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI
DATED 11th FEBRUARY, 2010
Petition Nos. 221(C) of 2009
Hathway Space Vision ……….. Petitioner Vs. Suresh Kambli ……….. Respondent BEFORE :
HON’BLE MR. JUSTICE S.B. SINHA, CHAIRPERSON HON’BLE MR. G.D. GAIHA, MEMBER
For Petitioner : Mr. Arun Kathpalia, Advocate Mr. Nasir Husain, Advocate For Respondent : Mr. Sharath Sampath, Advocate
- Mr. Navin Chawla, Advocate
O R D E R
1. The present petition has been filed by the petitioner against the threatened illegal action of the Respondent of migrating from the network of the
Issues for consideration
3 issues framed by the court
Whether a High Court award dismissing claims without appreciating merits acts as a bar under res judicata for a distinct dispute between an MSO and a distributor.
Whether an arbitral award passed without jurisdiction is a nullity that bars the initiation of fresh proceedings under Order VII Rule 11 for cause of action.
Whether internal disputes between partners of a firm prevent the firm or one partner from suing an independent distributor for feed charges.
Parties & counsel
- petitioner
Hathway Space Vision
- respondent
Suresh Kambli
Coram
S.B. Sinha
Case details
As recorded by the court registry
- Court
- TDSAT
- Decided on
- · February
- Case no.
- BROADCASTING PETITION/221/2009
- Topic
- Property and Title
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