SPICE COMMUNICATIONS LIMITED Vs. STATE

JUDGEMENT

(1.) Company Applications No. 578-579/2011 have been filed by the Department of Telecommunication (in short 'DOT') under Rules 6 and 9 of the Companies (Court) Rules, 1959 for recall and stay of this Court's order dated 5 th February, 2010 by virtue of which amalgamation of Spice Communication Limited (for short 'Spice') with Idea Cellular Limited (for short 'Idea') was allowed.

(2.) Upon the present applications being mentioned before the Division Bench, the matter was directed to be listed before this Court on 30 th March, 2011. On the said date, this Court passed the following order:- Co. Appl. 578/2011 in Co. Pet. 403/2009 Mr. A.S. Chandhiok, learned ASG has drawn my attention to the fact that the Ministry of Telecommunication vide its letters dated 07 th January, 2010 (page 60) and 18 th January, 2010 (page 63) of the present application, had rejected the application of Amalgamation of M/s. Spice Communication Limited with M/s. Idea Cellular Limited. Mr. Chandhiok further submits that these facts were not brought to the notice of the Court on 28 th January, 2010 when this Court had reserved the judgment in the present case. Issue notice to non-applicants by all modes including dasti, returnable for 25 th April, 2011. Co. Appl. 579/2011 in Co. Pet. 403/2009 Issue notice to non-applicants by all modes including dasti, returnable for 25 th April, 2011. Keeping in view the aforesaid, the operation of order dated 05 th February, 2010 is stayed till the disposal of the present application.

(3.) Thereafter Company Application No. 611/2011 was filed by the petitioner-companies namely, Spice and Idea seeking vacation of the aforesaid order dated 30 th March, 2011. Keeping in view the urgency in the matter, this Court, with consent of parties, decided to finally hear all the aforesaid applications.