Asianet Digital Network Pvt Ltd & ... vs Star India Pvt Ltd
2018 Latest Caselaw 7185 Del

    * IN THE HIGH COURT OF DELHI AT NEW DELHI
    %                              Date of decision: 5th December, 2018

+    LPA 677/2018, CM Nos. 51131-51132/2018
     ASIANET DIGITAL NETWORK PVT LTD & ANR
                                                               ..... Appellants
                         Through:       Mr. Jayant K. Mehta, Adv. with
                                        Mr. M. P. Vinod, Adv.

                         versus

     STAR INDIA PVT LTD
                                                                ..... Respondent
                         Through:       Mr. Rajeev Nayyar, Sr. Adv. with
                                        Mr. Kunal Tandon, Mr. Siddharth
                                        Copra, Mr. Shashank Shekhar and
                                        Mr. Prateek Jain, Advs.
     CORAM:
     HON'BLE THE CHIEF JUSTICE
     HON'BLE MR. JUSTICE V. KAMESWAR RAO

    V. KAMESWAR RAO, J. (ORAL)

CM No. 51131/2018 (for exemption) Exemption allowed subject to all just exceptions.

Application stands disposed of.

LPA 677/2018

1. The present appeal has been filed by the appellants challenging

the order dated November 19, 2018 passed by the learned Single Judge

in W.P. (C) 12337/2018, whereby the learned Single Judge has

dismissed the writ petition.

2. The grievance of the appellants before the learned Single Judge

was that, an order dated October 22, 2018 passed by the Telecom

Disputes Settlement and Appellate Tribunal, New Delhi (in short

'TDSAT'), whereby the TDSAT has directed the application filed by the

appellants to be placed at the time of final consideration. The

appellants had filed the said application for production of an agreement

entered into between the respondent and M/s K.C.C.L., who according

to the appellants is one of its competitors. The respondent had taken a

plea that the agreement is confidential, which the appellants dispute.

4. According to the appellants and also contended by Mr. Jayant K.

Mehta that the agreement is not confidential and the said issue has been

well settled the Supreme Court. This submission is disputed by

Mr. Rajiv Nayyar, learned Senior Counsel appearing for the respondent.

5. During the course of his submissions, Mr. Mehta has contended

that the information sought is required to be given much before the

arguments are advanced so that the appellants can argue on the same.

6. If that be so, liberty is with the appellants to file an appropriate

application before the TDSAT in that regard and it goes without saying

that the same shall be considered by the TDSAT in accordance with law.

7. The appeal is dismissed.

CM No. 51132/2018 Dismissed as infructuous.

V. KAMESWAR RAO, J

CHIEF JUSTICE

DECEMBER 05, 2018/aky