M/S Noble Broadcasting Private Ltd. v. Broadcast Engineering And Consultan, India Limited And ORS.

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12300/2018 M/S NOBLE BROADCASTING PRIVATE LTD.

..... Petitioner Through:

Mr Akshay Gupta, Advocate.

versus BROADCAST ENGINEERING AND CONSULTANT, INDIA LIMITED AND ORS.

..... Respondents Through:

Mr Rajat Krishna, Advocate for Mr Rajeev Sharma, Advocate for R-1 and R-2.

Mr A. P. Sahay, CGSC with Mr Suraj Kumar, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.11.2018 1.

The petitioner has filed the present petition, inter alia, praying as under:- "(a) Issue a writ of certiorari or any other writ, order or direction of appropriate nature quashing the invoices dated 24.04.2008, 24.04.2008, 29.04.2009, 01.04.2010, 05.04.2011, 01.04.2012, 01.04.2013, 06.05.2014 and 07.04.2015 raised by Respondent No.l demanding rental charges from the Petitioner as the said rentals were not payable by the Petitioner to the Respondents under agreements dated 10.02.2006,10.02.2006 and 27.02.2006;"

2.

The petitioner disputes that any amounts are payable against the said invoices. Nonetheless, the petitioner had paid a sum of `1.85 crores under

protest as respondent no.1 has withheld its no objection for transfer of license, which was necessary pursuant to a scheme of restructuring. Plainly, it would not be apposite to examine this controversy in proceedings under Article 226 of the Constitution of India.

3.

The learned counsel appearing for the petitioner seeks to withdraw the present petition with liberty to institute appropriate action in accordance with law.

4.

The petition is dismissed as withdrawn with the aforesaid liberty. VIBHU BAKHRU, J NOVEMBER 16, 2018 MK