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Tribunals and CommissionsDivision Bench(2022) 02 TDSAT CK 0043

Monica Broadcasting Pvt Ltd vs Union Of India

Telecom Disputes Settlement And Appellate Tribunal · Decided on 11 February 2022

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 635 Of 2021

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Judgment

18 paragraphs · 351 words

Heard learned counsel for the petitioner and learned counsel for Union of India at length on the merits of issues raised in this petition.

On going through the stand of the respondent in the counter affidavit, it is noticed that petitioner’s prayer for renewal of permission for the TV

Channel Maha News has been kept pending since last four years only because the Dept. of Space has expressed its reservation through letter dated

8.2.2021. That letter at page no. 59 of the counter affidavit is addressed to Ministry of Information and Broadcasting. The letter discloses that the

Department of Space kept the issue of NOC pending under consideration because a matter with respect to the petitioner is pending in this Tribunal.Â

The letter further clarifies that the application for renewal will be processed as per direction of the TDSAT.

Learned counsel for the petitioner has raised several issues and has submitted inter-alia that at the stage of renewal of permission there is no

requirement of obtaining NOC from the Department of Space and that such requirement can arise only where there is a requirement for clearance of

satellite use from the Dept. of Space.

At the present stage it is not deemed necessary to go into the merits of the aforesaid submissions and hence without prejudice to the aforesaid

submissions, this Tribunal directs the respondent to communicate this order to the concerned authority in the Department of Space so that the said

authority may proceed to consider the issuance of NOC without being prejudice by pendency of a petition before this Tribunal which involves a

challenge to money claim by the Dept. of Space. The pendency of earlier petition before this Tribunal shall not affect the consideration of the

matter of renewal either way. It is expected that all concerned shall take a final view in the matter in the light of this order within six weeks in

accordance with law.

Post the matter under the same head on 6.4.2022.

Interim order shall continue till the next date.

Respondent shall bring on record subsequent developments in the light of this order.