Intermedia Cable Communication ... vs Zee Turner Ltd. & Others
2009 Latest Caselaw 4357 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI


+     W.P.(C) 12670/2009


      INTERMEDIA CABLE COMMUNICATION PVT. LTD ..... Petitioner
                     Through Mr. Neeraj Kishan Kaul, Sr. Advocate
                     with Mr. Navin Chawla, Advocate.

                    versus

      ZEE TURNER LTD AND ORS                   ..... Respondents
                     Through Mr. Maninder Singh, Sr. Advocate with
                        Ms. Pratibha M. Singh and Mr. Nitya Thakur,
                Advocates

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

               ORDER

% 27.10.2009

1. Learned senior counsel for the petitioner states that the petitioner

without prejudice to rights and contentions and subject to the final

outcome of the appeal will deposit Rs.2 crores on or before 7 th

November, 2009. The statement is taken on record and accepted.

2. The next question relates to direction to the petitioner to pay Rs.40

lacs plus statutory taxes per month with effect from 24th March, 2009 till

the petition is finally decided. The directions given by the learned

Telecom Disputes Settlement Appellate Tribunal are without reasons.

Learned counsel for the petitioner in this regard has drawn my attention

to the averments made in the writ petition and has also pointed out that

WPC NO.12670/2009 Page 1 the petitioner was earlier paying monthly subscription fee of

Rs.30,05,660/-. Learned counsel appearing for the respondent No. 1, on

the other hand, has drawn my attention to the contentions raised by the

respondents. He submits that the direction for payment of Rs.40 lacs

plus statutory taxes was a consent order as the respondent No. 1 has

raised a claim of Rs.52 lacs per month. Learned counsel for the

petitioner disputes and denies the said contention. Learned counsel

further states that as the petitioner company had agreed to pay Rs.2

crores, they are liable to pay monthly subscription charges only with

effect from 21st November, 2009 and not from 24th March, 2009.

Learned counsel for the respondent No. 1 disputes the said contention on

the ground that the respondent No. 1 is entitled to monthly subscription

@ Rs.52 lacs from 24th March, 2009.

3. Admittedly, the order dated 20th October, 2009 passed by Telecom

Disputes Settlement and Appellate Tribunal is a non-speaking order. It

does not deal with the contention of the parties or state the reason why

interim direction to pay Rs. 40 lacs per month is being passed.

Accordingly, the matter is remanded back to the tribunal for fresh

adjudication on the interim application. The learned tribunal will give

reasons for deciding the application and will not be influenced by its

earlier order dated 20th October, 2009. It is clarified that this Court has

not expressed any opinion on the merits of the order dated 20th October,

WPC NO.12670/2009 Page 2 2009 in favour of the petitioner or the respondent. The matter is already

listed before the learned tribunal on 4th December, 2009. However, it will

be open to the parties to move an application for early hearing and

fixation of the earlier date.

The writ petition and all pending applications are disposed of.

Copy of this order be given dasti to the learned counsel for the

parties under signature of the Court Master.

SANJIV KHANNA, J.

      OCTOBER 27, 2009
      VKR




WPC NO.12670/2009                                                       Page 3