CWP No. 16097 of 2007 (1)
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 16097 of 2007
Date of decision: August 21, 2008
Tata Sky and another --- Petitioners
Versus
Telecom Regulatory Authority of India and others
---- Respondents
CORAM: Hon'ble Mr. Justice Ashutosh Mohunta
Hon'ble Mr. Justice Rajan Gupta
Present: Mr. Gopal Jain, Advocate, with
Mr. Akshay Bhan, Advocate,
for the petitioners.
Mr. Anil Rathee, Advocate, for
respondent No.1.
Mr. Ashok Aggarwal, Sr. Advocate, with
Mr. Manish Jain, Advocate, for
respondents No. 2 & 3.
Mr. PS Thiara, Advocate, for
respondent No. 4.
Ashutosh Mohunta, J.
This Court vide order dated March 11, 2008 directed the
petitioners to move an application with regard to price fixation before
the Telecom Regulatory Authority of India ( for short “the TRAI”) and
the same was to be decided within a period of eight weeks.
Counsel for the petitioners submits that period of 8
weeks as granted by this Court has already expired, but no order
has been passed by the TRAI.
CWP No. 16097 of 2007 (2)
Mr. Rathee, counsel for the TRAI states that the
representation of the petitioners has been decided vide order dated
May 12, 2008 and, therefore, no further orders are required to be
passed.
In reply to this submission, Mr. Jain learned counsel for
the petitioners submits that the order dated May 12, 2008 was merely
rejection of the representation of the petitioners and not an order
regarding fixing of price within the meaning of Section 11(2) of the
TRAI Act, 1997 with regard to the price of the DTH Industry.
In this view of the matter, we direct the petitioners to file
fresh comprehensive representation before the TRAI within ten days
from today and an appropriate order, as envisaged under Section
11(2 )of the TRAI Act shall be passed by the competent authority
within a period of six weeks thereafter. Before passing the said
order, the competent authority shall afford an opportunity of hearing
the petitioners and all other affected parties.
The writ petition stands disposed of accordingly.
Copy of the order be given dasti under signatures of
Court Secretary.
[Ashutosh Mohunta]
Judge
[Rajan Gupta]
Judge
August 21, 2008
`ask’
