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2019 Supreme(SC) 15

A.M.SAPRE, INDU MALHOTRA
Digi Cable Network (India) Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

IN CIVIL APPEAL No.120 OF 2019 (Arising out of S.L.P.(C) No. 33244 of 2015)

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 30.10.2015 of the High Court of Judicature at Bombay in Writ Petition No.58 of 2015 whereby the Division Bench of the High Court dismissed the writ petition filed by the appellant herein.

3. The controversy involved in this appeal lies in a narrow compass as would be clear from the facts stated hereinbelow.

4. By letter dated 12.06.2012 (Annexure P2) the appellant was granted permission by the Government of India under Rule 11C of the Cable Television Network (Amendment) Rules, 2012 (hereinafter referred to as “the Rules”) for operating as Multi System Operator (MSO) in the Digital Addressable System (DAS) notified areas vide notification dated 11.11.2011.

5. This permission was, however, cancelled by the Government of India vide order dated 03.09.2014 on the ground that the Ministry of Home Affairs has denied issuance of “security clearance” to the appellant. In other words, since the Ministry of Home Affairs did not grant security clearance to the appellant, the permission initially granted






















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