Videocon Telecommunications Ltd v. Tower Vision India Pvt Ltd

Delhi High Court · 15 Jul 2016 · 2016:DHC:8577-DB
Badar Durrez Ahmed; Ashutosh Kumar
FAO(OS)(COMM)46/2016
2016:DHC:8577-DB
civil appeal_allowed

AI Summary

The Delhi High Court allowed Videocon's appeals by granting interim relief from deposit directions, subject to an undertaking and asset disclosure, leaving the merits to be decided independently by the Single Judge.

Full Text
Translation output
HIGH COURT OF DELHI
FAO(OS)(COMM)46/2016
VIDEOCON TELECOMMUNICATIONS LTD Appellant
Through Mr Sandeep S Ladda,Adv.with Mr Yashvardhan,Mr Devender Singh,Advs.
VERSUS
TOWER VISION INDIA PVT LTD Respondent
Through MrParag Tripathi,Sr.Adv.with MsTinu Abrahem,Mr Vishal Sagar,Advs.
FAO(OS)(COMM)47/2016
•i. VIDEOCON TELECOMMUNICATIONS LTD Appellant
Through Mr Sandeep S Ladda,Adv.with Mr Soumik
Ghosal,Mr Devender Singh,Advs.
VERSUS
ATC TELECOM TOWER CORPORATION PVT LTD Respondent
Through None.
FAO(OS)(COMM)48/2016
VIDEOCON TELECOMMUNICATIONS LIMITED ..... Appellant
Through Mr Akhil Sibal,Adv.with Mr Sandeep S Ladda,Mr Nakul Mohta,Ms Shikha Sarin,Mr
Devender Singh,Advs.
VERSUS
VIOM NETWORK LIMITED Respondent
Through None.
FAO(OS)
(COMM)49/2016 VIDEOCON TELECOMMUNICATIONS LTD Appellant
Through Mr Akhil Sibal,Adv.with Mr Sandeep S Ladda,Mr Nakul Mohta,Ms Shikha Sarin,Mr
Devender Singh,Advs.
VERSUS
2016:DHC:8577-DB INDUS TOWERSLTD Respondent
Through Mr Sandeep Sethi, Sr. Adv.with Mr Dinesh
Agnani,Mr Nishant Menon,Mr Abhishek Birthray,Mrshafiq Ahmed,Advs.
CORAM:
HON'BLE MR.JUSTICE BADAR DURREZ AHMED
HON'BLE MR.JUSTICE ASHUTOSH KUMAR
15.07.2016
CM 24676/2016 in FAOfOS)
(COMMV46/2016
CM 24679/2016 in FAO(OSI(COMMY 47/2016
CM 24682-83/2016 in FAOIOSI(COMMI 48/2016 CM 24686-87/2016 in FAOIOSI(COMM)49/2016
Allowed subjectto alljust exceptions FAO(OS) iCOMMI 46/2016 & CM 24675/2016 & 24677/2016
FAQ(OSI(COMM)47/2016 & CM 24678/2016 & 24680/2016
FAOIOSI(COMMI 48/2016 & CM 24681/2016 & 24684/2016
FAorosyrcoMMi 49/2016 & cm 24685/2016 After hearing the learned counsel for the parties on both sides at some length,it is
) agreed thatthe following order be passed:
ORDER

1. The learned Single Judge shall pronounce the decision on the pending OMPs without requiring the appellant to make the deposit as directed in the orders dated 01.04.2016 and 26.05.2016,at this stage.

2. The appellant shall give an undertaking before the learned Single Judge that it shall not part with any ofthe fixed assets to the extent ofamounts prayed for in the said OMPs till the disposal ofthe OMPs.

3. The appellant shall also file a statement of its fixed assets in a sealed cover before the learned Single Judge within a week as certified by the Chartered Accountant in terms ofvalue. We are making it clear that we have not made any observations on the merits of the matter and the learned Single Judge shall render his decision independently. This consent order is only for the interim period and shall not come in the way ofthe learned Single Judge in any manner in his arriving at a decision on merits and is without prejudice to the rights and contentions ofthe parties as argued before the learned Single Judge. The appeals stand disposed ofon the above terms. Dasti under the signatures ofthe Court Master.

BADAR DURREZ AHMED,J. ASHUTOSH KUMAR,J