Union Of India Through Secretary Vs Association Of Unified Telecom Service Providers Of India

Supreme Court Of India 14 Feb 2020 Miscellaneous Application No. 266, 267, 338, 339, 410, 411, 482 Of 2020 In Civil Appeal No. 6328, 6399 Of 2015, Diary No(S). 303, 2450, 2458, 2461, 2476, 2578 Of 2020, Writ Petition (Civil) No. 238 Of 2020 (2020) 02 SC CK 0116
Bench: Full Bench

Judgement Snapshot

Case Number

Miscellaneous Application No. 266, 267, 338, 339, 410, 411, 482 Of 2020 In Civil Appeal No. 6328, 6399 Of 2015, Diary No(S). 303, 2450, 2458, 2461, 2476, 2578 Of 2020, Writ Petition (Civil) No. 238 Of 2020

Hon'ble Bench

Arun Mishra, J; S. Abdul Nazeer, J; M.R. Shah, J

Advocates

Tushar Mehta, Vikramajit Banerjee, Arijit Prasad, G. S. Makker, Jasmeet Singh, Sandeep Chilana, Rusheet Saluja, Saif Ali, Satyendra Mani Tripathi, Pushpendra Singh Bhadoriya, Abhishek Mohanty, Naman Joshi, F. S. Nariman, Mukul Rohtagi, N. K. Kaul, Mahesh Agarwal, Shally Bhasin, Victor Das, Sayaree Basu Mallik, Vaishali Kalera, Saloni Mahajan, E. C. Agrawala, K. V. Vishwanathan, Tarun Johri, Manjul Vajpai, Jagjit Singh, P. Ramesh Kumar, Ranjeeta Rohtagi, Brijender Chahar, Anil Kumar Mishra, Sriram P., P. Vishnu Shankar, Kapil Sibal, Manjul Bajpai, Jagjeet Singh, Nitin Kala, Pukhrambam Ramesh Kumar, Karun Sharma, Kunal Singh, Maninder Singh, Ravi Prakash, Bani Dikshit, Prashant Rana, Arvind P. Datar, Pinaki Mishra, Ramji Srinivasan, Manali Singhal, Mansoor Ali Shoket, Santosh Sachin, Deepak Singh Rawat, Ranjeeta Rohtagi, Dr. A. M. Singhvi, Gopal Jain, Harsh Kaushik, Abhay Chattopadhyay, Nikita Chitale, Atul Menon, Anshula, Amit Bhandari, Meet Malhotra, Ravi S. Chauhan, Pratap Shanker, Shilpi Shrivastava, Swetank Shantanu, Wasim A. Qadri, Vibhu Shankar Mishra, Snidha Mehra, B. V. Balram Das, Sriram P., Tarun Johri, Jasmeet Singh, Pukhrambam Ramesh Kumar, Harsh Kaushik, Ranjeeta Rohatgi, E. C. Agrawala, Swetank Shantanu

Judgement Text

Translate:

MA No. 266/2020 in C. A. No. 6328-6399 of 2015 [ITEM NO. 301]

M.A.D.NO. 303 OF 2020 [ITEM NO. 301.1]

MA NO. 339-410/2020 IN C. A. NO. 6328-6399 OF 2015 [ITEM NO.301.9]

MA.NO. 267-338/2020 IN C. A. NO. 6328-6399 OF 2015 [ITEM NO. 301.8]

The learned senior counsel appearing for the applicants seek leave to withdraw these misc. applications with liberty to avail appropriate remedy before

appropriate forum in accordance with law, in case necessity arises.

With the above liberty, the misc. applications are disposed of as withdrawn.

This case projects a very disturbing scenario. The companies have violated the order passed by this Court in pith and substance. In spite of the

dismissal of the Review application, they have not deposited any amount so far. It appears the way in which things are happening that they have scant

respect to the directions issued by this court. A Desk Officer of the Department of Telecommunications has the temerity to pass the order to the

effect of issuing a direction to the Accountant General, another Constitutional Authority, “not to insist for any payment pursuant to the order passed

by this Court and not to take any coercive steps till further orders.†This is nothing but a device to scuttle order of this Court. This kind of order

should not have been passed by the Desk Officer at all.

In the circumstances, we draw contempt proceedings against the Desk Officer for passing the order and violating the order passed by this Court. The

Managing Directors/Directors of the companies also to show cause why we should not initiate contempt proceedings against them for violating the

order passed by this Court by not depositing the amount, on the next date of hearing. Let the concerned Officer, sitting over the order passed by this

Court, also file reply.

It is made clear that in case the order passed by this Court is not complied with, the above persons shall remain personally present in Court on the next

date of hearing.

List on 17.03.2020.

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