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Union of India v. Association of Unified Telecom Service Providers of India and Others

Hon’ble Mr. Justice Arun Mishra pronounced the Judgment of the Bench comprising His Lordship, Hon’ble Mr. Justice S. Abdul Nazeer and Hon’ble Mr. Justice M.R. Shah.

(Arun Mishra, S. Abdul Nazeer and M.R. Shah, JJ.)

Union of India ___________________________________ Appellant;

v.

Association of Unified Telecom Service Providers of India and Others _____________________________________________ Respondent(s).

Civil Appeal No(s). 6328-6399/2015, decided on October 24, 2019

IA No. 217/2016 – Amendment in Cause Title IA No. 145/2016 – Impleadment IA No. 73/2015 – Stay Application IA No. 1/2015 – Stay Application) With C.A. No. 6183-6255/2015 (XVII) (For Early Hearing Application on IA 222/2016 IA No. 222/2016 – Early Hearing Application) C.A. No. 5832-5852/2015 (XVII) C.A. No. 5909/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 IA No. 1/2015 – Ex-Parte Stay) C.A. No. 6009/2015 (XVII) (For Stay Application on IA 1/2015 IA No. 1/2015 – Stay Application) C.A. No. 5996/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 5957/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 5997/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 5998/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 6011/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 6002/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 6010/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 6012/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 8496-8505/2015 (XVII) (For Exemption From Filing C/c of the Impugned Judgment on IA 21/2015 For [Permission to File Annexures] on IA 31/2015 IA No. 21/2015 – Exemption From Filing C/c of the Impugned Judgment IA No. 31/2015 – Permission to File Annexures) C.A. No. 8493-8495/2015 (XVII) (For Condonation of Delay in Filing Appeal on IA 1/2015 For [Permission to File Annexures] on IA 7/2015 IA No. 7/2015 – Permission to File Annexures) C.A. No. 5929/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 5911/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 5882/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 For [Permission to File Annexures] on IA 3/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay IA No. 3/2016 – Permission to File Annexures) C.A. No. 5931/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 5934/2015 (XVII) (For Stay Application on IA 1/2015 IA No. 1/2015 – Stay Application) C.A. No. 5930/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 6888-6895/2015 (XVII) (For Exemption From Filing C/c of the Impugned Judgment on IA 9/2015 For Ex-Parte Stay on IA 17/2015 For [Permission to File Annexures] on IA 25/2015 IA No. 17/2015 – Ex-Parte Stay IA No. 9/2015 – Exemption From Filing C/c of the Impugned Judgment IA No. 25/2015 – Permission to File Annexures) C.A. No. 6003/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 6004/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 8506-8530/2015 (XVII) (For Stay Application on IA 26/2015 For [Permission to File Annexures] on IA 51/2015 IA No. 51/2015 – Permission to File Annexures IA No. 26/2015 – Stay Application) C.A. No. 8009-8017/2015 (XVII) (For Stay Application on IA 1/2015 For Stay Application on IA 10/2015 For Amendment in Cause Title on IA 19/2016 IA No. 19/2016 – Amendment in Cause Title IA No. 10/2015 – Stay Application IA No. 1/2015 – Stay Application) C.A. No. 344/2016 (XVII) (For Exemption From Filing C/c of the Impugned Judgment on IA 2/2016 For Stay Application on IA 3/2016 IA No. 2/2016 – Exemption From Filing C/c of the Impugned Judgment IA No. 3/2016 – Stay Application) C.A. No. 498/2016 (XVII) (For Stay Application on IA 2/2016 For Exemption From Filing C/c of the Impugned Judgment on IA 3/2016 For [Permission to File Annexures] on IA 4/2016 IA No. 3/2016 – Exemption From Filing C/c of the Impugned Judgment IA No. 4/2016 – Permission to File Annexures IA No. 2/2016 – Stay Application) C.A. No. 497/2016 (XVII) (For Exemption From Filing C/c of the Impugned Judgment on IA 2/2016 For [Permission to File Annexures] on IA 3/2016 IA No. 2/2016 – Exemption From Filing C/c of the impugned Judgment IA No. 3/2016 – Permission to File Annexures) C.A. No. 493/2016 (XVII) (For Stay Application on IA 2/2016 For Exemption From Filing C/c of the Impugned Judgment on IA 3/2016 For [Permission to File Annexures] on IA 4/2016 IA No. 3/2016 – Exemption From Filing C/c of the Impugned Judgment IA No. 4/2016 – Permission to File Annexures IA No. 2/2016 – Stay Application) C.A. No. 14624/2015 (XVII) (For Exemption From Filing C/c of the Impugned Judgment on IA 2/2015 For Stay Application on IA 3/2015 IA No. 2/2015 – Exemption From Filing C/c of the Impugned Judgment IA No. 3/2015 – Stay Application) C.A. No. 13550/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 13705-13711/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 8/2016 IA No. 8/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 13590/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13587/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13586/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13585/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 13591/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 13538/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13588/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13593/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13595-13596/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 3/2016 IA No. 3/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13584/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 13574/2015 (XVII) (For Ex-Parte Stay on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Ex-Parte Stay) C.A. No. 13681/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13581-13582/2015 (XVII) (For Stay Application on IA 1/2015 IA No. 1/2015 – Stay Application) C.A. No. 13592/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13699/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13697/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13698/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 13680/2015 (XVII) (For Stay Application on IA 1/2015 For Amendment in Cause Title on IA 2/2016 IA No. 2/2016 – Amendment in Cause Title IA No. 1/2015 – Stay Application) C.A. No. 6022-6044/2016 (XVII) (For Stay Application on IA 47/2016 For Permission to File Lengthy List of Dates on IA 70/2016 For Amendment in Cause Title on IA 93/2016 IA No. 93/2016 – Amendment in Cause Title IA No. 70/2016 – Permission to File Lengthy List of Dates IA No. 47/2016 – Stay Application) SLP(C) No. 20219/2016 (III) C.A. No. 8646-8648/2018 (XVII) (For Admission and I.R. and IA No. 114175/2018-Condonation of Delay in Filing and IA No. 114180/2018-Exemption From Filing C/c of the Impugned Judgment and IA No. 114178/2018-Stay Application) Civil Appeal No(s). 6328-6399/2015

The Judgement of the court was delivered by

1. Hon’ble Mr. Justice Arun Mishra pronounced the Judgment of the Bench comprising His Lordship, Hon’ble Mr. Justice S. Abdul Nazeer and Hon’ble Mr. Justice M.R. Shah.

2. Leave granted in SLP (C) No. 20219 of 2016.

3. Applications for amendment in cause title are allowed, in terms of the prayer(s) made.

4. Appeals of licensees are dismissed and filed by DOT are allowed in terms of the signed reportable judgment.

5. We give three months’ time to deposit the amount, which is due and compliance be reported.

6. Pending applications, if any, are disposed of.

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