Reliance Communications Ltd & ANR v. Union Of India

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2721/2018 RELIANCE COMMUNICATIONS LTD & ANR. ..... Petitioner Through:

Mr. Dayan Krishnan, Sr. Advocate with Mr. Sampath, Ms. Manikya Khanna, Mr. Sanjeevi Sejhaori, Advocates versus UNION OF INDIA ..... Respondent Through:

Mr. Sanjeev Narula, CGSC with Ms.

Anumita Chandra, Advocate

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 20.03.2018 CM. APPL. 11047/2018 & 11048/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 2721/2018 with CM. APPL. 11046/2018 2.

Challenge in this writ petition is laid to order dated 19.3.2018. The petitioner is aggrieved by the demands which arise pursuant to circulars dated 24.12.2008, 23.3.2009 and 9.8.2012 as also subsequent notices dated 9.1.2018 and 27.2.2018.

3.

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) via the impugned order dated 19.3.2018, has taken the position that the petitioner should approach the concerned High Court.

3.1 It appears that this position is taken by TDSAT as the demands flow from the circulars and notices referred to above. 4.

In view of the fact that the petitioner has already approached the Punjab and Haryana High Court, in fitness of things, the more appropriate forum would be the Punjab and Haryana High Court. 4.1 This would, to my mind, obviate any conflict that may arise if matters which have their genesis in the aforementioned circulars are heard by two Courts of co-equal jurisdiction. 6.

Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the Punjab and Haryana High Court.

7. Dasti under the signatures of the Court Master. RAJIV SHAKDHER, J MARCH 20, 2018 Nk