Videocon Telecommunications Ltd v. Atc Telecom Tower Corporation Pvt Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS)(COMM) 46/2016 VIDEOCON TELECOMMUNICATIONS LTD Appellant Through Mr Sandeep S Ladda, Adv. with Mr Yashvardhan, Mr Devender Singh, Advs.

versus TOWER VISION INDIA PVT LTD Respondent Through Mr Parag Tripathi, Sr. Adv. with Ms Tinu Abrahem, Mr Vishal Sagar, Advs.

+ FAO(OS)(COMM) 47/2016 •i.

VIDEOCON TELECOMMUNICATIONS LTD Appellant Through Mr Sandeep S Ladda, Adv. with Mr Soumik Ghosal, Mr Devender Singh, Advs.

versus ATC TELECOM TOWER CORPORATION PVT LTD Respondent Through None.

+ FAO(OS)(COMM) 48/2016 VIDEOCON TELECOMMUNICATIONS LIMITED ..... Appellant Through Mr Akhil Sibal, Adv. with Mr Sandeep S Ladda, Mr Nakul Mohta, Ms Shikha Sarin, Mr Devender Singh, Advs.

versus VIOM NETWORK LIMITED Respondent Through None.

+ FAO(OS) (COMM) 49/2016 VIDEOCON TELECOMMUNICATIONS LTD Appellant Through Mr Akhil Sibal, Adv. with Mr Sandeep S Ladda, Mr Nakul Mohta, Ms Shikha Sarin, Mr Devender Singh, Advs.

versus By:AMULYA

INDUS TOWERS LTD Respondent Through Mr Sandeep Sethi, Sr. Adv. with Mr Dinesh Agnani, Mr Nishant Menon, Mr Abhishek Birthray, Mrshafiq Ahmed, Advs.

CORAM:

HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR.

JUSTICE ASHUTOSH KUMAR

ORDER

% 15.07.2016 CM 24676/2016 in FAOfOS) (COMMV46/2016 CM 24679/2016 in FAO(OSI (COMMY 47/2016 CM 24682-83/2016 in FAOIOSI (COMMI 48/2016 CM 24686-87/2016 in FAOIOSI (COMM) 49/2016 Allowed subject to all just exceptions FAO(OS) iCOMMI 46/2016 & CM 24675/2016 & 24677/2016 FAQ(OSI (COMM) 47/2016 & CM 24678/2016 & 24680/2016 FAOIOSI (COMMI 48/2016 & CM 24681/2016 & 24684/2016 FAorosyrcoMMi 49/2016 & cm 24685/2016 After hearing the learned counsel for the parties on both sides at some length, it is ) agreed that the following order be passed:

1. The learned Single Judge shall pronounce the decision on the pending OMPs without requiring the appellant to make the deposit as directed in the orders dated 01.04.2016 and 26.05.2016, at this stage.

2. The appellant shall give an undertaking before the learned Single Judge that it shall not part with any of the fixed assets to the extent of amounts prayed for in the said OMPs till the disposal of the OMPs.

3. The appellant shall also file a statement of its fixed assets in a sealed cover before the learned Single Judge within a week as certified by the Chartered Accountant in terms of value.

We are making it clear that we have not made any observations on the merits of the matter and the learned Single Judge shall render his decision independently. This

consent order is only for the interim period and shall not come in the way of the learned Single Judge in any manner in his arriving at a decision on merits and is without prejudice to the rights and contentions of the parties as argued before the learned Single Judge.

The appeals stand disposed of on the above terms. Dasti under the signatures of the Court Master. BADAR DURREZ AHMED, J .

ASHUTOSH KUMAR, J ^LY 15, 2016/ab