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2017 Supreme(Del) 4722

S.P.GARG
GULF DTH FZ LLC – Appellant
Versus
DISHTV INDIA LIMITED – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Rajiv Nayar, Sr. Advocate, with Mr. Rishi Agrawala and Ms. Niyati Kohli, Advocates.
For the Defendants :Mr. Sandeep Sethi, Sr. Advocate, with Mr. Rohan Swarup, Advocate, Mr. Yatinder Garg, Advocate, Mr. Saurabh Agarwal with Ms. Komal Mundhra, Advocate, Mr. Dhavish Chitkara, Advcoate, Mr. Sajad Sultan with Mr. Surinder Kant, Advocates.

JUDGMENT :

S.P. GARG, J.

IA Nos.8641/17 (u/S 151 CPC) and 8649/17 (u/O 1 R-10 CPC)

1. IA 8641/2017 has been filed on behalf of the plaintiff to issue directions to the Chairman, Central Board of Excise and Customs Department of Revenue; Ministry of Finance Government of India and its underlings to restrict and prohibit the export of “Dish TV”, “Dish HD Plus”, “Chang Hong” set top boxes (STBs), smart cards and remote control units having Harmonised System Code / Identification No.85287390 from India to any destination outside India. Simultaneously, IA No.8649/2017 under Order I Rule 10 CPC has been filed to implead the said bodies as defendants in the present suit. Both the IAs are contested by the defendants.

2. I have heard learned Senior Counsel for the parties and have examined the file. Learned Senior Counsel for the plaintiff urged that both these IAs need to be allowed for effective enforcement of the orders dated 30.08.2016 and 24.10.2016 whereby the defendants were restrained; (a) from distributing STBs and smart cards in the OSN Territory; (b) from in, any manner dealing with dealers, distributors, agents or any entity which directly and / or indirectly sells defendant No.1 ST










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