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2016 Supreme(Del) 321

RAJIV SAHAI ENDLAW
Star India Private Limited – Appellant
Versus
Noida Software Technology Park Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. Abhishek Manu Singhvi, Mr. Aman Lekhi & Mr. Gopal Jain, Sr. Advs. with Mr. Saikrishna Rajagopal, Mr. Gopal Singh, Mr. Sidharth Chopra & Mr. Saurabh Srivastava, Advs.
For the Respondent: Mr. Vivek Chib with Ms. Ruchira Goel, Mr. Asif Ahmed & Mr. Joby P. Varghese, Advs. for R-1.
Mr. Meet Malhotra, Sr. Adv. with Mr. Tejveer Singh Bhatia, Mr. Upender Thakur, Mr. Viplav Singh Dhillon & Mr. Rohan Swarup, Advs. for R-2.
Mr. Kirtiman Singh with Mr. Waize Ali Noor, Ms. Prerna Shah Deo & Mr. Gyanesh Bhardwaj, Advs. for TRAI.
Mr. Manjul Bajpai with Mr. Shashwat Bajpai & Ms. Madhur Bharatiya, Advs. for R-9.

JUDGMENT :

1. The petition impugns the orders dated 7th December, 2015 (in Petition No.295(C)/2014 and Petition No.526(C)/2014) and 18th December, 2015 (in Petition No.314(C)/2015) of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) inter alia on the ground that the procedure adopted by the TDSAT in making the said orders and the jurisdiction exercised in issuing the directions contained therein is / are beyond the powers of TDSAT under the Telecom Regulatory Authority of India (TRAI) Act, 1997.

2. The petition came up before this Court first on 6th January, 2016 when the counsel for the respondent no.1 caveator appeared and the senior counsel for the petitioner, the counsels for the other appearing respondents who are supporting the petition and the counsel for the respondent no.1 caveator were heard in extenso on the aspect of admissibility of the petition, particularly relating to the maintainability of the petition in the light of availability of alternative remedy of appeal under Section 18 of the TRAI Act and orders were reserved. On the contention of the senior counsel for the petitioner and the counsels for the other supporting respondents that TDSAT, notwithsta
































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