MATRIX CELLULAR SERVICES PVT. LTD Vs. SANJOY MUKHERJI

JUDGEMENT

(1.) This Petition under section 12 of the Contempt of Courts Act, 1971 (the Act) has been filed by the Petitioner Matrix Cellular Services Private Limited (MCS) against the five Respondents, namely, Sanjoy Mukerji, Director, Vodafone Essar Limited; Mr. Rajiv Kohli, CEO (Delhi Circle), Vodafone Essar Mobile Services Ltd.; Mr. Marten Pieters, Managing Director & CEO, Vodafone Essar Ltd.; Shaina Subramanium, General Manager, Vodafone Essar Ltd. and Ms. Monika Pathak, Deputy General Manager, Vodafone Essar Mobile Services Ltd. for punishing them for Contempt of Court for wilful disobedience of the orders of this Court dated 20.10.2011 and 24.10.2011 passed by the learned Single Judge in OMP No.748/2011.

(2.) Before adverting to the allegations with regard to the alleged violation, it would be necessary to give the background leading to the filing of OMP No.784/2011 preferred by the Petitioner wherein the orders dated 20.10.2011 and 24.10.2011 were passed.

(3.) As per the Agreement dated 10.07.2003 entered between MCS with Hutchison Essar Telecom Limited (HETL), the predecessor of Vodafone Essar Mobile Services Ltd. (VEMSL), the Petitioner (MCS) is engaged in the business of identifying specialized clients and provides support services and assistance to such specialized clients for and on behalf of Telecommunication Services Providers. The Agreement dated 10.07.2003 was entered into between HETL and MCS, whereby MCS offer its services to develop post paid subscription for specialized client base for Cellular Mobile Telecommunication Services of HETL. HETL accepting MCS's offer appointed MCS to act as its specialized Customer Management Unit for the Consolidated Post Paid Subscribers (CPPS) in the territory of the National Capital Region. Some of the Clauses which are relevant for the decision of the Contempt Petition are extracted hereunder:-