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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Delhi High Court, presided over by Hon'ble Mr. Justice Subramonium Prasad, has upheld the decision of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to permit the inclusion of additional documents after the closure of the evidence phase in a dispute involving M/S Deora Cable Networks and DEN Network Ltd.
The High Court's decision came in the wake of a writ petition filed under Article 227 of the Constitution of India, challenging the TDSAT's order dated 13th September 2023. The dispute revolved around the recovery of dues and the return of 778 Set Top Boxes, with the TDSAT allowing the Respondent to submit additional documents crucial for the adjudication of the dispute.
In his judgment, Justice Prasad emphasized the importance of substantive justice over procedural technicalities, quoting, "The procedural lapses cannot defeat the substantial justice." He further highlighted that the Tribunal was cognizant of the delay in filing the documents but deemed it necessary to ensure a comprehensive resolution of the dispute.
The High Court noted the Tribunal's approach aligned with the principles of natural justice and the provisions of the TRAI Act, which do not strictly adhere to the Code of Civil Procedure. Justice Prasad elaborated, "The TRAI Act's emphasis is on observing principles of natural justice over strict procedural compliance."
Reaffirming the limited scope of the High Court under Article 227, the judgment stated that such powers should be exercised sparingly and not as an appellate mechanism. The High Court found no "patent error or perversity" in the Tribunal's decision, thereby dismissing the writ petition.
Date of decision: 22 JANUARY, 2024
M/S DEORA CABLE NATWORKS VS DEN NETWORK LTD
