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M/s Bharti Airtel Ltd Vs Mr. Inna Ravindra Shetty & Ors

Case No: Cyber appeal No. 6 Of 2024 With Misc Application No. 134, 135, 136 Of 2024

Date of Decision: April 3, 2024

Hon'ble Judges: Dhirubhai Naranbhai Patel, Chairperson; Subodh Kumar Gupta, Member

Bench: Division Bench

Advocate: Vishwanathan Iyer, Shimpy Arman Sharma, Arman Roop Sharma, Mohd. Aman Khan Afghani, Inna Ravindra Shetty, Preethi Shetty

Translate: English | हिन्दी | தமிழ் | తెలుగు | ಕನ್ನಡ | मराठी

Judgement

1. Having heard the counsel for the appellant and looking to the issues raised in this Cyber Appeal, notice upon respondents. Counsel, Mr. Inna

Ravindra Shetty accepts the notice on behalf of the respondent no.1 and respondent no.2 Mrs. Preethi Shetty accepts the notice, and they are seeking

time to file Vakalatnama, to get instructions and to file reply. Three weeks’ time is granted to file Vakalatnama and reply be filed by the next date

of hearing.

2. Counsel for the appellant is seeking stay against the impugned order passed by the Adjudicating Officer, Department of Information Technology,

Government of Maharashtra, Mumbai.

3. Having heard the counsel for the appellant and looking to the impugned order which is under challenge in this Cyber Appeal and looking to the facts

and circumstances of the case, we hereby direct this appellant to deposit Rs.2.5 Lakhs before the Registrar of this Tribunal by way of Demand Draft

in the name of “Registrar TDSATâ€​ (Telecom Disputes Settlement & Appellate Tribunal) within a period of four weeks from today.

4. Only upon deposition of the aforesaid amount by the appellant, we hereby stay the operation, implementation and execution of the impugned order

which is at annexure A-1 to the memo of this appeal.

5. The aforesaid amount shall be accepted by the Registrar of this Tribunal and will Deposit the amount as a Fixed Deposit in a Nationalised Bank

initially for a period of one year.

6. The photocopy of the Fixed Deposit receipt shall be supplied to the counsel for the appellant as well as to the counsels for the respondents.

7. The deposition of the aforesaid amount shall not tantamount to the admission of any facts by this appellant.

8. The aforesaid amount shall be adjusted towards liability, if any, of this appellant at the time of final hearing of this Cyber Appeal.

9. List this matter under the same head on 31.7.2024.