Hathway Cable & Datacom Ltd vs Union Of India

Heard learned senior counsel for the petitioner.  The petition is admitted for hearing.  No notice need be issued as Mr. Dhruv Tamta, Advocate has appeared today on behalf of Union of India on advance notice.  As per averments and submissions of learned counsel for the parties this matter is quite similar to T.P. No. 30 of 2021.  Petitioner wants that the interim order passed in that petition on 16.7.2021 (Annexure P3) be followed in this matter also.  Petitioner also wants to pay the demand for licence fee presently being made by the respondent on Pure Internet Services but wants a protection that such payments be treated are payments under protest and petitioner should not be debarred from getting refund of licence fee on Pure Internet Service along with interest in the event of success of B.P. No. 28 and 29 of 2021 which are pending for adjudication before this Tribunal.  In those petitions the guidelines issued on 31.3.2021 have been challenged on various grounds including the ground that the impugned guidelines are arbitrary as they cause manifold increase in the licence fee presently being paid in terms of the existing agreement and licence.

"Considering the limited relief being sought at this stage, it is clarified that payment of license fees by the petitioner on Pure Internet Services will be treated as payments made under protest and Petitioner will be entitled to press for the ultimate relief of refund of such license fees and also for interest on such license fees.

Respondent may file its reply within six weeks. Rejoinder, if any may be filed within four weeks thereafter."

Post the matter on 29.11.2021 when similar matters are to be listed before the Court of Registrar.  The Registrar shall pass necessary orders and directions to make the petition ready for hearing.