RAVI KUMAR VARMA Vs. RAJESH @ PAPU

JUDGEMENT

(1.) Heard finally with the consent of the learned counsel for the parties. This revision petition has been filed by the petitioner under Sec. 115 of the Code of Civil Procedure, 1908 (herein after referred to as the Code) against order dtd. 24/9/2022, (Annexure P/1) passed in RCS-A No.5255/2020 by the learned 7th Civil Judge, Junior Division, Indore, District Indore (MP), whereby an application filed by the petitioner / defendant under Order 7 Rule 11 of the Code has been rejected.

(2.) The facts of the case are that the plaintiff (respondent herein) has filed a civil suit in the trial Court seeking the following relief: - <IMG>JUDGEMENT_138_LAWS(MPH)12_2022_1.jpg</IMG>

(3.) In the aforesaid suit, an application under Order 7 Rule 11 of the Code was filed by the petitioner / defendant stating that the dispute between the parties is between the two Service Providers and as per the Telecom Regulatory Authority of India Act, 1997 (herein after referred to as the Act), the suit is barred before the trial Court u/s.27 of the Act, as the dispute can only be decided by the Authority empowered under the Act. The aforesaid application has been rejected by the learned Judge of the trial Court holding that the suit is not barred, as no question of broadcasting is involved in the suit.