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2008 Supreme(SC) 748
2008(4) Supreme 496
SUPREME COURT OF INDIA
(From TDSAT)
H.K. Sema & Markandey Katju, JJ.
Bharat Sanchar Nigam Ltd. — Appellant
versus
Bharti Televentures Ltd. — Respondent
Appeal (civil) 4961 of 2007
Decided on : 01-05-2008
IMPORTANT POINT
All materials on record should be considered before arriving at the findings.
Headnote:Judicial Review – TDSAT not considering all materials on record – Order not proper – Matter remitted back. (Para 2) Facts of the case :
TDSAT disposed the case by considering only one undertaking out of two given by the respondent.
Finding of the Court :
TDSAT should have considered all materials on record.
Result : Appeal allowed, matter remitted back.
ORDER
1. Heard the parties.
2. The only question on which we allow this appeal and remand the case to TDSAT is that the Tribunal considered only the undertaking by the respondent herein dated 25.12.2001 in the impugned judgment. However, the Tribunal failed to consider the undertaking by the respondent dated 24.12.2001. On this sole ground we are setting aside the order impugned passed by the Tribunal. The matter is remanded to the Tribunal to consider both the undertakings i.e. 24/12/2001 and 25/12/2001 and pass an appropriate order as deem fit and proper in accordance with law.
3. All contentions and arguments of both the parties are open before the Tribunal.
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