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Union Of India, In Re
Factual and Procedural Background
M.A. No. 377 of 2019 was filed by the petitioner seeking disposal of the petition in accordance with this Tribunal's earlier judgment dated 18.10.2019 in TP No. 169 of 2014 (Internet Service Provider Association of India v. UOI) and related matters. The petitioner's counsel informed the Tribunal that the petitioner had made certain payments under protest, raising an issue of refund, and therefore sought disposal also in terms of a subsequent Tribunal order dated 12.12.2019 in TP No. 59 of 2017 (Excitel Broadband Pvt. Ltd. v. UOI) and other tagged matters. Some matters tagged with TP No. 59 of 2017 had been adjourned to 17.1.2020 to enable the learned counsel for the Union of India (UOI) to seek instructions. Observing similarity of the matter, the Tribunal directed that the petition be listed on 17.1.2020 and recorded the expectation that the respondent would give instructions by that date.
Legal Issues Presented
- Whether the main petition may be disposed of in terms of this Tribunal's judgment dated 18.10.2019 in TP No. 169 of 2014 (Internet Service Provider Association of India v. UOI).
- Whether, given that the petitioner made payments under protest, the petitioner is entitled to a refund and whether the main petition should be disposed of in terms of the Tribunal's subsequent order dated 12.12.2019 in TP No. 59 of 2017 (Excitel Broadband Pvt. Ltd. v. UOI) and related tagged matters.
Arguments of the Parties
Petitioner's Arguments
- The petitioner sought disposal of the main petition in conformity with this Tribunal's judgment dated 18.10.2019 in TP No. 169 of 2014 (Internet Service Provider Association of India v. UOI) and related matters.
- The petitioner asserted that it had made certain payments under protest, raising an issue of refund, and therefore sought disposal also in terms of the Tribunal's subsequent order dated 12.12.2019 in TP No. 59 of 2017 (Excitel Broadband Pvt. Ltd. v. UOI) and other tagged matters.
Respondent's Arguments
The opinion does not contain a detailed account of the respondent's legal arguments; it only records that some matters were adjourned to 17.1.2020 to enable the respondent's counsel to seek instructions.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Internet Service Provider Association of India v. UOI | Disposal of the main petition in terms of this Tribunal's judgment dated 18.10.2019. | The petitioner sought disposal of its main petition in terms of this judgment; the Tribunal noted the request and treated the matter as similar, listing it for hearing on 17.1.2020. |
| Excitel Broadband Pvt. Ltd. v. UOI | Disposal in terms of the Tribunal's subsequent order dated 12.12.2019 and related tagged matters, including consideration of refunds for payments made under protest. | The petitioner relied on this subsequent order to support its claim for disposal and refund; the Tribunal recorded that some matters tagged with TP No. 59 of 2017 were adjourned to 17.1.2020 for the respondent to seek instructions and listed this petition on the same date. |
Court's Reasoning and Analysis
The Tribunal's reasoning is concise and procedural. It accepted the petitioner's submission that the subject matter is similar to matters previously decided or listed (specifically the decisions/orders dated 18.10.2019 in TP No. 169 of 2014 and 12.12.2019 in TP No. 59 of 2017). Because the petition raises the same issues, and some related matters had been adjourned to 17.1.2020 to allow the Union of India's counsel to seek instructions, the Tribunal exercised administrative coordination by directing that this petition also be listed on 17.1.2020. The Tribunal explicitly recorded its expectation that the respondent would provide instructions by that date. No further analytical findings or determination on merits (including any final determination on refund entitlement) are stated in the opinion.
Holding and Implications
Holding: The Tribunal directed that the petition be listed for hearing on 17.1.2020.
Implications: The immediate consequence is procedural — the petition will be heard on 17.1.2020, and the respondent is expected to give instructions by that date. The opinion does not decide the merits or the refund issue at this stage and does not purport to create any new legal precedent; it confines itself to administrative listing in light of related earlier judgments and orders.
1. M.A. No. 377 of 2019 has been filed on behalf of the petitioner seeking disposal of the main petition itself in terms of the judgment of this Tribunal dated 18.10.2019 passed in TP No. 169 of 2014 (Internet Service Provider Association of India v. UOI) and some related matters.
2. Learned counsel for the petitioner has further submitted that since the petitioner has made certain payments under protest, the issue of refund is also involved and therefore, he wants disposal of the main petition in terms of a subsequent order of this Tribunal dated 12.12.2019 in TP No. 59 of 2017 (Excitel Broadband Pvt. Ltd. v. UOI) and some other tagged matters. Some of the matters tagged with TP No. 59 of 2017 had been adjourned to 17.1.2020 to enable learned counsel for UOI to seek instructions.
3. Since this matter appears to be similar in nature, let this petition be also listed on 17.1.2020. It is expected that respondent shall give instructions in this matter also by that date.
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