STAR INDIA PVT LTD Vs. RICHARD CABLE NETWORK

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioner and the Respondent.

(2.) RULE. Heard finally forthwith by consent of both the Counsel.

(3.) ON perusal of the impugned Order, I find that the learned Judge has failed to consider the application within the provisions of the Notification dated 09.01.2004 and 10.12.2004 whereby the provisions of the Telecom Act have been amended. The learned Counsel appearing for the Respondent has submitted that the said Notification in any event are not applicable to the facts and circumstances of the case. Be that as it may, on perusal of the impugned Order, I find that the learned Judge has failed to exercise jurisdiction vested in him by disposing of the said application without considering the provisions of the Notification of 2004 as relied upon by the learned Counsel for the Petitioner. As such, the impugned Order cannot be sustained and the learned Trial Judge shall have to decide the application under Order 7 Rule 11 afresh after hearing both the parties in accordance with law.