TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL

NEW DELHI

DATED 30^TH AUGUST, 2007

R.A.No. 7 of 2007 and R.A.No.8 of 2007

IN

Petition No.293(C) of 2006

Bhaskar Cable Network …Petitioner

Vs.

Zee Turner Limited …Respondent

BEFORE:

LT.GEN.D.P.SEHGAL(RETD.),MEMBER

For Petitioner	:	Mr.Vivek Tankha,Senior Advocate with Mr.Prashant Kumar, Mr.Arjun Harkauli, Ms.Ratna Kaul, Mr.Siddharth Gupta,Advocates
For Respondent	:	Mr.Maninder Singh, Mr.Yoginder Handoo, Mr.Nitin Aggarwal, Mr.Ayush Agrawal,Advocates

O R D E R

R.A.No.7 of 2007:

The learned counsel for the respondent in this Review Application, Mr.Maninder Singh has raised a preliminary objection to the maintainability of this Review Application itself. This has been done on the ground that the applicant had invoked this right u/s 18 of the TRAI Act and had filed an appeal in the Hon’ble High Court of Madhya Pradesh which was subsequently withdrawn by it with liberty to file an appeal in the Apex Court. The High Court of Madhya Pradesh passed the following order:

“Counsel for appellant submits that by mistake the appellant has filed this appeal before this Court while under Section 18 of the Telecom Regulatory Authority of India Act,1997, appeal lies before the Apex Court. He submits that he may be permitted to withdraw this appeal with liberty to file a fresh appeal before the Apex Court. Prayer is allowed. This appeal is dismissed as withdrawn with liberty as prayed.”

I have heard both the learned counsel of both the parties. I feel that this preliminary objection has to be decided before admitting this Review Application. Order on the preliminary objection as to the maintainability of this Review Application will be pronounced on 3^rd September,2007.

R.A. No. 8 of 2007:

To be listed after pronouncement of order in R.A. No.7 of 2007.

……………….

(D.P.Sehgal)

Member