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1993 Supreme(SC) 35

N.M.KASLIWAL, N.P.SINGH
Sterling Computers LTD. : United Database India Private LTD. : United India Periodicals Private LTD. – Appellant
Versus
M And N Publications LTD. – Respondent


Advocates:
ANIL AGARWAL, Anil B.Divan, FAZAL-UL-QUAIDIR, GOPAL SUBRAMANIUM, HARISH N.SLAVE, K.K.VENUGOPAL, K.PARASARAN ATTORNEY, KAPIL SIBAL, L.P.AGRAWALA, N.P.AGRAWAL, NINA GUPTA, P.CHAUDHARY, P.H.Parekh, P.P.SINGH, P.P.TRIPATHI, R.N.KESHWANI, VIJAY NARAIN, VINIT KUMAR

JUDGMENT

N. P. SINGH, J. - Leave granted.

2. Three appeals have been filed against the same judgment of the High Court by which the writ petition filed on behalf of the petitioners/respondents (hereinafter referred to as "the writ- petitioners") was allowed. The dispute related to the publication of the telephone directories of Mahanagar Telephone Nigam Limited, a Government of India Undertaking (hereinafter referred to as "the MTNL").

3. A new concept of yellow pages in the telephone directories was introduced by the MTNL/Department of Telecommunications. The yellow pages were to contain advertisements under different headings. The contractor who was to be awarded the contract for printing such directories was to collect the revenue from the advertisements in the yellow pages as well as in white pages of the telephone directory. The contractor was to print the directories and supply the same free of cost to the MTNL for its subscribers and had to pay royalty to the MTNL in connection with printing of such directories.

4. Tenders for publication of the directories for Delhi and Bombay were invited. Tender of the United India Periodicals Pvt. Ltd. (hereinafter referred to as "the UI












































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