JUDGMENT

KULDIP SINGH, J.:- This appeal has arisen from a civil suit instituted before the Bombay City Civil Court at Bombay by the Mahanagar Telephone Nigam Limited (the Nigam) and the Union of India for a declaration that they alone have the right to print/publish the list of telephone subscribers and that the same cannot be printed or published by any other person without express permission of the Nigam/Union of India. A further declaration was sought that the Tata Press Limited (Tatas) have no right whatsoever to print, publish and circulate the compilation called "Tata Press Yellow Pages" (Tata - pages). A permanent injunction restraining the Tatas, their agents and servants from printing and/or publishing and/or circulating the "Tata - Pages" being violative of the Indian Telegraph Act, 1885 (the Act) and the Indian Telegraph Rules, 1951 (the rules) was also sought from the Court. The City Civil Court, Bombay by its judgment dated August 7, 1993 dismissed the suit. First appeal filed by the Nigam and the Union of India was heard by a learned single judge of the Bombay High Court and the, learned judge by the judgment dated April 27, 1994 allowed the appeal, set aside the judg