Bharat Sanchar Nigam Ltd vs Bharti Televentures Ltd on 1 May, 2008

           CASE NO.:
Appeal (civil)  4961 of 2007

PETITIONER:
BHARAT SANCHAR NIGAM LTD

RESPONDENT:
BHARTI TELEVENTURES LTD

DATE OF JUDGMENT: 01/05/2008

BENCH:
H.K. SEMA & ARKANDEY KATJU

JUDGMENT:

JUDGMENT
O R D E R

CIVIL APPEAL NO. 4961 OF 2007

Heard the parties.

The only question on which we allow this appeal and remand the case to
TDSAT is that the Tribunal considered only the undertaking by the
respondent herein dated 25.12.2001 in the impugned judgment. However,
the Tribunal failed to consider the undertaking by the respondent dated
24.12.2001. On this sole ground we are setting aside the order impugned
passed by the Tribunal. The matter is remanded to the Tribunal to
consider both the undertakings i.e. 24/12/2001 and 25/12/2001 and pass an
appropriate order as deem fit and proper in accordance with law.

All contentions and arguments of both the parties are open before the
Tribunal.