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High Court of DelhiW.P.(C)/12337/2018

Asianet Digital Networks Pvt. Ltd. v. Star India Pvt. Ltd. And ANR.

2018-11-19Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12337/2018 ASIANET DIGITAL NETWORK PVT.

LTD. & ANR.

..... Petitioners Through:

Mr Jayant Mehta, Mr M. P. Vinod, Mr Shirish, Mr Atul Shankar and Ms Aayushi Gaur, Advocates.

versus STAR INDIA PVT. LTD.

..... Respondent Through:

Mr Rajeev Nayyar, Sr. Advocate with Mr Kunal Tandon, Mr Siddhartha Chopra, Mr Shashank Shekhar, Mr Saurav Srivastava and Mr Ranjit S.

Sindhu, Adovcates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.11.2018 CM Nos. 47842/2018 & 47843/2018 1.

Allowed, subject to all just exceptions.

W.P.(C) 12337/2018 & CM No.47841/2018 2.

The petitioners have filed the present petition impugning an order dated 22.10.2018 (hereafter 'the impugned order') passed by the Telecom Disputes Settlement & Appellate Tribunal, New Delhi (hereafter 'TDSAT'). 3.

By the impugned order, TDSAT has directed the application filed by the petitioners (MA No.128/2018) to be placed at the time of final consideration.

4.

The petitioners had filed the said application for production of an agreement entered into between respondent no.1 and M/s K. C. C. L, who is, admittedly, one of the competitors of the petitioner. The respondents assert that the said agreement is confidential while, the petitioners disputes the same. According to the petitioner, it is not open for the respondents to plead any confidentiality with regard to the said document and the said issue is squarely covered by the other judgments passed by TDSAT, which according to the petitioners, have also been upheld by the Supreme Court. 5.

This Court is not inclined to entertain the present petition at this stage as the impugned order clearly indicates that the petitioner's application has not been finally adjudicated and is still pending for consideration. TDSAT had clearly indicated that the questions raised by the petitioners are open and would be considered.

6.

The petition is, accordingly, dismissed. The pending application is also disposed of.

VIBHU BAKHRU, J NOVEMBER 19, 2018 MK