M/S Guwahati Communications v. R.B. Network
Case brief
What is this about?
The Tribunal dismissed a petition by an unregistered cable operator seeking dues from another operator, holding that the regulatory framework superseded Partnership Act bars. The Tribunal also ruled the deposit was voluntary and ordered restitution without costs.
What the court decided
`TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
Dated: July 27, 2011
Petition No. 67(C) of 2009
M/s Guwahati Communications
…Petitioner
R.B. Network & Ors. …Respondents
BEFORE:
HON’BLE MR. JUSTICE S.B. SINHA, CHAIRPERSON HON’BLE MR. G. D. GAIHA, MEMBER HON’BLE MR.P.K. RASTOGI, MEMBER
For Petitioner : Ms.Kanika Agnihotri & Mr. Vaibhav Agnihotri, Advocates For Respondent No.1 : Mr. Navin Chawla & Mr. Sharath Sampath, Advocates For Respondent No.2 : Mr.Yoginder Handoo, Advocate
J U D G M E N T
S.B. Sinha
Issues for consideration
3 issues framed by the court
Whether Section 69(2) of the Indian Partnership Act bars a petition before the Appellate Tribunal for Telecom Disputes Settlement when a statutory regulatory regime governs the dispute.
Whether a unilateral undertaking given by a respondent before a police officer constitutes a binding contract or creates estoppel without consideration.
Whether the petitioner firm remained the same entity or was dissolved and reconstituted despite changes in partnership composition and name.
Parties & counsel
- petitioner
M/s Guwahati Communications
- respondent
R.B. Network
- respondent
Nirman Associates Pvt. Ltd.
- respondent
M.N.R.B Cable Network
Coram
Case details
As recorded by the court registry
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