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D- Vios Communications Pvt Ltd vs Union Of India

Telecom Disputes Settlement And Appellate Tribunal · Decided on 22 September 2021 · Citation: (2021) 09 TDSAT CK 0070

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Allowed
CASE NUMBER
Telecom Petition 41 Of 2021
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Judgment

8 paragraphs · 367 words

Learned counsel for the petitioner is permitted to correct the Cause Title and show the correct name of the Petition as D-VOIS Communications Pvt. Ltd.

Notice will show the correct name of the petitioner. Amended memo of parties should reflect the correct name of the parties and  should be filed within one week.

Admit.  No notice need be issued because respondent is represented by Mr. Dhruv Tamta, Advocate on account of advance notice.

Heard learned counsel for the petitioner and Mr. Dhruv Tamta.

It appears that the issue involved in this petition is same/similar to  T P Nos. 28 and 29 of 2021.  In T P No. 28 of 2021, an interim order has been passed on 3.6.2021 (Annexure P-4) whereby time has been granted for filing reply and interim protection in terms of interim prayers (a) and (b) of that petition.  Those interim prayers have been reiterated as interim prayer nos. (b) and (c) of the present petition and additionally interim protection (a) has been added because through the impugned notice dated   4.8.2021 (Annexure P-1), the respondent has demanded differential licence fee.

In the facts of the case, interim protection is granted to the petitioner in terms of the interim prayers (a), (b) and (c) of this petition because the petitioner has claimed to be similarly situated in all vital aspects.

It will be proper to list this matter together with T P Nos.28 and 29 of 2021 which are scheduled to be listed before the Court of Registrar on 6.10.2021.

In the other petitions, respondent has already filed a reply which is basically a reply on all the relevant legal aspects.  Learned counsel for the respondent Mr. Tamta Prays that same reply may be permitted to be used in this petition.  The prayer appears to be reasonable and it is accepted.   Let a copy of that reply be served on learned counsel for the petitioner within one week. It will be open for the petitioner to file a rejoinder by the next date or by any date that may further be considered appropriate by the Court of Registrar.  The Court of Registrar shall pass necessary orders and directions to make the petitions ready for hearing.