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Cable Operators Welfare Association vs Sameer Manchanda

Cable Operators Welfare Association vs Sameer Manchanda

Type Court Judgment Court Kerala Decided Jan 24, 2019
~4 min read
https://sooperkanoon.com/case/1856977

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Con.Case(C)/474/2018

Parties & Advocates

Appellant / Petitioner

Cable Operators Welfare Association

Respondent

Sameer Manchanda

Excerpt

.....been finally heard on 24.01.2019, the court on the same day delivered the following:judgmentthis contempt of court is filed by the petitioner complaining that steps are taken by the respondent in violation of the directives contained in the interim order. the interim order is passed by this court on 28.02.2018 in the following manner “third respondent is directed to maintain status quo as regards the rate of set top box as mentioned in ext.p7”.2. today when the matter is taken up, learnedcounsel for the petitioner submitted that the writ petition pertaining to annexure a9 interim order was dismissed by learned single judge of this court on 14.01.2019 and the petitioner intends to prefer an appeal. in view of the changed circumstances and the dismissal of the writ petition, the continuance of the contempt of court case may not be required. therefore this contempt of court is closed leaving open the liberty of the petitioner to challenge whatever infirmities in the appeal. sd/- shaji p.chaly judge hmh appendix petitioner's/s exhibits: annexure-a1 a photostat copy of the list of members of the petitioner receiving cable tv channel signals from the den net works limited. annexure-a2 a photostat copy of the one of the monthly invoice executed issued by den net works limited to one of the members of the petitioner annexure-a3 a photostat copy of the interim order of this honourable court in wp(c) no.21901/2016. annexure-a4 a photostat copy of the judgment of this honourable court in con.case no. annexure-a5 a photostat copy of the one of thepresent monthly invoice issued by the den net works limited to one of the members of the petitioner.annexure-a6 a photostat copy of the order of the tdsat in broadcasting petition no. annexure-a7 a photostat copy of the order of the tdsat in broadcasting petition no. annexure-a8 a photostat copy of the e-mail sent by the 3rd respondent to one of the members of the petitioner. annexure-a9 a certified copy of the interim order.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY ,THE 24TH DAY OF JANUARY 2019 / 4TH MAGHA, 1940 AGAINST THE ORDER/JUDGMENT IN WPC 6681/2018 of HIGH COURT OF KERALA PETITIONER/S: CABLE OPERATORS WELFARE ASSOCIATION JAIHIND BUILDING, KUMBALAPALLY ROAD,CHALIKKAVATTOM, VENNALA P.O.,ERNAKULAM REPRESENTED BY ITS PRESIDENT NAVEEN.V.D. BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.JOSEPH GEORGE (KANNAMPUZHA) RESPONDENT/S: 1 SAMEER MANCHANDA AGE NOT KNOWN, FATHER'S NAME NOT KNOWNCHAIRMAN & MANAGING DIRECTOR,DEN NET WORKS LIMITED,236, OKHIA INDUSTRIAL PHASE-3,NEW DELHI - 110 020. 2 S.N.SHARMA AGE NOT KNOWN, FATHER'S NAME NOT KNOWN,CHIEF EXECUTIVE OFFICER,DEN NET WORKS LIMITED,236, OKHLA INDUSTRIAL PHASE-3,NEW DELHI - 110 020. 3 RENJU JOSHI AGE NOT KNOWN, FATHER'S NAME NOT KNOWN OPERATION MANAGER, DEN NET WORKS LIMITED,KOSHY ARCADE, OPPOSITE OBERON MALL,ANCHUMANA, BYPASS, ERNAKULAM, KOCHI-6820 BY ADV. SRI.P.JAYABAL MENON THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This Contempt of Court is filed by the petitioner complaining that steps are taken by the respondent in violation of the directives contained in the interim order. The interim order is passed by this Court on 28.02.2018 in the following manner “third respondent is directed to maintain status quo as regards the rate of set top box as mentioned in Ext.P7”.

2. Today when the matter is taken up, learned

counsel for the petitioner submitted that the writ petition pertaining to Annexure A9 interim order was dismissed by learned Single Judge of this Court on 14.01.2019 and the petitioner intends to prefer an appeal. In view of the changed circumstances and the dismissal of the writ petition, the continuance of the Contempt of Court case may not be required. Therefore this Contempt of Court is closed leaving open the liberty of the petitioner to challenge whatever infirmities in the appeal. Sd/- SHAJI P.CHALY JUDGE hmh APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE-A1 A PHOTOSTAT COPY OF THE LIST OF MEMBERS OF THE PETITIONER RECEIVING CABLE TV CHANNEL SIGNALS FROM THE DEN NET WORKS LIMITED. ANNEXURE-A2 A PHOTOSTAT COPY OF THE ONE OF THE MONTHLY INVOICE EXECUTED ISSUED BY DEN NET WORKS LIMITED TO ONE OF THE MEMBERS OF THE PETITIONER ANNEXURE-A3 A PHOTOSTAT COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN WP(C) NO.21901/2016. ANNEXURE-A4 A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN CON.CASE NO. ANNEXURE-A5 A PHOTOSTAT COPY OF THE ONE OF THE

PRESENT MONTHLY INVOICE ISSUED BY THE DEN NET WORKS LIMITED TO ONE OF THE MEMBERS OF THE PETITIONER.

ANNEXURE-A6 A PHOTOSTAT COPY OF THE ORDER OF THE TDSAT IN BROADCASTING PETITION NO. ANNEXURE-A7 A PHOTOSTAT COPY OF THE ORDER OF THE TDSAT IN BROADCASTING PETITION NO. ANNEXURE-A8 A PHOTOSTAT COPY OF THE E-MAIL SENT BY THE 3RD RESPONDENT TO ONE OF THE MEMBERS OF THE PETITIONER. ANNEXURE-A9 A CERTIFIED COPY OF THE INTERIM ORDER OF THIS HONOURABLE COURT IN WP(C) NO. ANNEXURE-A10 A PHOTOSTAT COPY OF THE E-MAIL SENT BY ONE OF THE MEMBERS OF THE PETITIONER TO THE 3RD RESPONDENT. ANNEXURE-A11 A PHOTOSTAT COPY OF THE E-,AIL SENT BY THE PETITIONER TO THE 3RD RESPONDENT. ANNEXURE-A12 A PHOTOSTAT COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ERNAKULAM TO THE DEN NET WORKS LIMITED. ANNEXURE-13 A PHOTOSTAT COPY OF STANDARD

INTERCONNECTION AGREEMENT AND COVERING LETTER PROVIDED BY THE RESPONDENT AND SIGNED BY ONE OF THE MEMBERS OF THE PETITIONER. RESPONDENT'S/S EXHIBITS: ANNEXURE-R3/1 TRUE COPY OF THE INVOICE NO. KE/17-18/1012273 DATED ANNEXURE-R3/2 TRUE COPY OF THE INVOICE NO. KE/17-18/1012179 DATED

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