The Delhi High Court recently disposed of a review plea lodged by Hinduja Global Solutions against the Telecom Dispute Settlement & Appellate Tribunal (TDSAT), New Delhi verdict restraining it from using Fastway assets.
Justice Sanjeev Narula disposed of the plea, stating that the impugned orders are at an interim stage, and is based on a prima facie assessment of the facts and contentions raised before the Tribunal. The TDSAT in its December 15, 2023 order passed certain interim directions restraining Hinduja from using or sabotaging the infrastructure of Fastway for distribution of signals.
Subsequently, Hinduja applied for review petition, which was decided through an order dated May 9, 2024. The tribunal in its May 9 order directed that nobody shall use the network and infrastructure of the petitioner who is not authorised under the law. It also added that nobody shall sabotage the network of the petitioner or shall cut the cable wires, fibres of the petitioner, including the respondents.
Appearing for Hinduja Global Solutions, Advocate Upender Thakur contended that despite taking note that the company is not using or sabotaging the network or infrastructure of Fastway, the TDSAT did not review the directions issued vide the Interim Order. The counsel mentioned that while issuing directions restraining any party from unauthorisedly using or sabotaging Fastway’s network and infrastructure, the Review Order specifically singles out Hinduja. He added that the order portrays Hinduja in a negative light by indicating that they were engaging in such nefarious activities, and hence, the instant petition prayed for quashing of the Review Order of May 9, 2024.
Considering the submissions, the court noted that the circumstances do not justify any interference with the impugned orders in exercise of the court’s jurisdiction under Article 226 of the Constitution of India.
The court underlined that both the interim order dated December 15, 2023 and review order dated May 9, 2023, duly take note of the contentions raised by both sides. The court stated that since the aforesaid directions are only interim in nature, Hinduja will have adequate opportunity to put forth their case at the time of final adjudication.
However, the court clarified that the original broadcasting petition shall be considered independently, uninfluenced by observations contained in the aforesaid impugned orders. It added that the High Court has not examined the merits of the case, and all rights and contentions are left open to be urged before the TDSAT.