STAR INDIA PRIVET LTD Vs. SANKARDHANI CABLE NETWORK

JUDGEMENT

(1.) <DJG>VIKRAMAJIT SEN, J</DJG>. This Writ Petition has been filed against the interim Orders of the Telecom Disputes Settlement and Appellate Tribunal dated 12.12.2005. The next hearing is scheduled for 12.1.2006. The gravamen of the Order is that the Star India Pvt. Ltd. must give direct signals to Sanskardhani Cable Network, as an interim measure, and the latter shall pay subscription on a subscriber base of 4200 and shall further deposit a sum of Rs.9.5 lacs as security. Star India Pvt. Ltd. would thereupon re-connect the signals within seventy-two hours after the said security deposit is made.

(2.) Ordinarily a Court would not lightly interfere with interim orders and arrangements made by another competent authority. This principle is better expressed by stating that a Court should interfere in interim arrangements only where overwhelming reasons compel it to do so. Most often an interim arrangement has been devised on the Invitation or consent of the parties. If one of the parties thereafter finds the orders to be unfavourable to them and thereupon decides to assail such orders, entertaining such challenges causes a miscarriage of justice and an -explosion in litigation. It is with great reluctance and after deep reflection that I am pronouncing these orders.

(3.) The Writ Petition has been vehemently. opposed by Mr. Kailash Vasudeva, learned Senior Counsel for the respondent Sanskardhani Cable Network. He has emphasised the following paragraph from the reply on behalf of the Star India Pvt. Ltd.: