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2. In the reply filed on behalf of the respondent in January 2014, two main defenses were raised against the claim. Firstly, the respondent pleaded that the channels of the respondent were not placed regularly and due to such irregularity, the respondent suffered loss of revenue and loss in viewership. Secondly, it on claimed that payment had been made regularly as per the agreed terms. In other words, the second defense was that all the lawful outstanding dues have been paid by the respondent and, therefore, the demand is on account of errors in accounts etc.

3. Through a rejoinder filed in February 2014, the petitioner denied the defense of the respondent and some other allegations and pointed out that at no point of time any grievance or notice was communicated to the petitioner about the alleged irregularity in placement. Through the rejoinder an updated statement of accounts in respect of both the channels was brought on record as annexure to show payment made after the filing of the petitioner and also updated claim of interest. On the basis of statement of accounts the rejoinder disclosed that the claimed amount stood reduced and the respondent was liable till 17.01.2014 only for Rs.2,34,11,352/-.

os Nobody has appeared on behalf of the respondent even after service of notice and as a result the petition has been heard ex parte. The respondent has not appeared at any stage and has filed neither reply nor any affidavit of evidence

2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/eontent provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal.

3. Through this petition, the petitioner is seeking recovery of Bs.13,41,756/- said to be the outstanding dues inclusive of interest as on 15.03.2016 along with interest @ 18% til the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channels.

2. Yhe petitioner company carries on the business of receiving signals from Pt gh ei ae broadcasters of various television channels and of redistributing the same thr franchisee cable network. The respondent company carries on business as a broadeaster/content provider. Both the purlies are service providers and as such amenable to the jurisdiction of this Tebunal,

3. Through this petition, the petitioner is seek dng recovery of Re.4d0 98 000/.

aid to be the oufstand) me dues inelusive of interest as on 1s 03 2016 along with os interest @ 18% till the date of realization from the re Spondent. The dues are a towards carriage fee for the services availed by the respondent trom the petitioner for carnage of its television channels.

2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/content provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal.

3. Through this petition, the petitioner is seeking recovery of Rs.1,44,84,050/- (Rupees One Crore Forty Four lakhs Eighty Four Thousand Fifty Only) said to be the outstanding dues inclusive of interest as on 09.02.2016 along with interest @ 18% till the date of realization from the respondent. The dues are towards carriage fee for the services availed by the respondent from the petitioner for carriage of its television channel "Mi Marathi".

2. The petitioner company carries on the business of receiving signals from broadcasters of various television channels and of redistributing the same through franchisee cable network. The respondent company carries on business as a broadcaster/content provider. Both the parties are service providers and as such amenable to the jurisdiction of this Tribunal.

3. Through this petition, the petitioner is seeking recovery of Rs.1,51,88,898.26p(Rupees One Crore Fifty One lakhs Eighty Eight Thousand Ninety Eight and Paise Twenty Six Only) said to be the outstanding dues inclusive of interest as on 09.02.2016 along with interest @ 18% till the date of realization from the respondent. The dues are towards carriage fee for the services availed by 3 the respondent from the petitioner for carriage of its television channel "Live India".

2. It may be useful to note that the facts relevant for the main issue of law indicated above are not in dispute and hence do not require detailed narration. For the sake of convenience, facts will be referred to from the records of T.P. No.77/2019 which has been heard as the lead matter, unless indicated otherwise.

3|Page

3. The two respondents, Tata Communications Ltd. and Bharti Airtel Ltd. are owners / operators of certain facilities which have been described as Cable Landing Operations. For these facilities they are entitled to levy three distinct charges i.e. (i) Access Facilitation Charges (AFC), (ii) Co-Location Charges(CLC) and (iii) Operation and Maintenance Charges (OMC). Prior to 07.06.2007, the charges were based purely on contract between the parties. In 2007, TRAI issued the "International Telecommunication Access to Essential Facilities at Cable Landing Stations Regulations 2007" (2007 Regulations). This introduced the requirement of framing of Cable Landing Stations - Reference Interconnect Offer (RIO) to be calculated on cost based method. Such RIOs for all the three charges were required to be submitted to TRAI, the Regulator for approval. This light- touch regulation was operational till the 2007 Regulations were amended by Amendment Regulation, 2012 dated 19.10.2012. This amendment enabled TRAI to fix and specify the highest charges which could be realizable as per agreement between the parties. On 21.12.2012, TRAI fixed all the three charges vide notification which brought into effect the "International Telecommunication Landing Station Access Facilities Charges and Co-Location Charges Regulations 2012. The said Regulations (No.27 of 2012) contained 3 schedules of charges made effective from 01.01.2013.

2. Heard learned Senior Counsel for the petitioner, Mr. K.Vishwanathan and learned Senior Counsel for the non-applicant, Bharti Airtel, Mr.Gopal Jain through video-conferencing.

3. The applicant seeks a direction upon Bharti Airtel not to encash the Bank Guarantee (BG) to which it has become entitled vide judgment of this Tribunal dated 16.04.2020 whereby applicant's petition bearing T.P. No.77/2019 has been dismissed on merits. In the last paragraph of that judgment notice has been taken of an order of the Hon'ble Madras High Court dated 14.11.2019 and in view of the said consent order this Tribunal has directed that the BG submitted to the Tribunal stands invoked for immediate payment to the non-applicant. The prayer in the MA is solely on the ground that moving the Hon'ble Supreme Court in appeal is likely to take some time because of the prevailing pandemic COVID-19.

2. The Informant is an individual user/consumer of the services provided by PayU and other e-payment gateways.

3. PayU is a fintech company that provides payment technology solutions to online merchants. It was founded in the year 2002 and has its head-quarter at Hoofddorp, Netherlands. It allows online businesses to accept and process payments through payment methods that can be integrated with web and mobile applications. Further, PayU is the e-payment division of Naspers, a global internet and entertainment group and one of the leading technology investors in the world. Naspers is a leading financial services provider in the global growth markets and is engaged in the business of providing payment gateway services and other digital payment enablement services to both consumers and businesses. It also holds a Non- Banking Financial Company ('NBFC') license in India to offer credit services.

2. Brief facts and allegations in the present case are summarised as under:

a. The Informants i.e., Mr. Meet Shah and Mr. Anand Ranpara are individuals residing in Ahmedabad and Rajkot, respectively.

b. OP-1 is the Ministry of Railways, which controls Indian Railways, a departmental undertaking of the Government of India which is administered by the Railway Board. The Ministry of Railways through Railway Board also owns and administratively controls a large number of Public Sector Undertakings including IRCTC.

c. OP-2, IRCTC is a public sector enterprise incorporated under the Companies Act, 1956 and is stated to be an extended arm of Indian Railways. OP-2 is, inter-alia, engaged in online ticketing operations of Indian Railways.

2. The Informant is stated to be a company engaged in manufacture of high performance and highly sophisticated machines for track maintenance, track laying and track renewal. OP-1 is a private limited company incorporated in India and OP-2 is a partnership firm established in India. OP-3, OP-4 and OP- 6 are Chinese companies engaged in developing railway track maintenance machinery. OP-5 is the Indian Railways, a Department of the Government of India.

Case No. 45 of 2019 2

3. The Informant states that OP-5 periodically invites tenders for the supply of track maintenance machinery. In this connection, it is averred that OP-5 invited electronic bids for supply of Dynamic Track Stabilizing Machine vide Tender No. 'TM 1709' which inter alia required that 'Manufacturer or their agents may note that an agent can represent or quote on behalf of only one firm in a tender' [Clause 1.4.1 of 'Instructions to Tenderers]. Further, Check List-II of tender document also reiterates the same by stating that 'Manufacturer or their sole selling agents may note that an agent can represent only one firm in a tender and any manufacturer cannot submit more than one offer against a tender through different sole selling agents, or one directly and others through sole selling agents. In such a situation all the offers will be rejected.'

2. As stated in the information, the Informant is a pharmaceutical wholesaler who had placed an order for purchase of drugs from USV on 31.07.2019. Kundan vide its letter dated 06.08.2019, confirmed receipt of the said order of the Informant along with documents and demand draft.

3. The Informant alleged that USV imposed the following unfair conditions on the Informant:

 Collection of goods from Pune C&F agent (Kundan), which is 360 km away from the Informant's location.  The Informant is not entitled to return any product purchased from USV for any reason whatsoever including those on account of expiry or damage.  Advance payment to be paid every time.  The Informant cannot purchase the products of USV from any other C&F agent.

2. Anti TB Department Mr. K. S. Sachdeva, DDG, Room No. 243-A/523 'C' Wing, Nirman Bhawan Opposite Party No. 2 New Delhi

3. RITES India Ltd.

MSM Division, RITES Bhawan-II, 4th Floor, Plot No. 144, Sector-44, Gurgaon-122003 Opposite Party No. 3 Haryana CORAM Mr. Ashok Kumar Gupta Chairperson Ms. Sangeeta Verma Member Mr. Bhagwant Singh Bishnoi Member Case No. 02 of 2020 1 Order under Section 26(2) of the Competition Act, 2002

1. The Information in the present case has been filed by Mr. Ambalal V. Patel (hereinafter, the 'Informant') under Section 19(1)(a) of the Competition Act, 2002 (hereinafter, the "Act") against Central Medical Service Society (hereinafter, the 'CMSS/ Opposite Party No. 1 / OP-1'), Anti TB Department (hereinafter, the 'Opposite Party No. 2 / OP-2') and RITES India Ltd (hereinafter, the 'Opposite Party No. 3 / OP-3'), alleging contravention of the provisions of Section 4 of the Act. Hereinafter, OP-1, OP-2 and OP-3 are collectively referred to as 'Opposite Parties / OPs'.

Ref. Case No. 05 of 2019 1

2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below:

2. The Informant in the present case had floated a Tender No. A/59919/Shirt Khakhi/DGOS/OS-PII/Proc Sec, dated 19.06.2017 for procurement of 1,38,251 Shirt Man's Cellular Cotton 1973 Pattern (Modified) Khaki ("Item"). The Informant has stated that out of 14 firms which participated, only 09 qualified for the opening of their commercial bids.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said four firms (Opposite Parties). As submitted by the Informant, details of the bid are reproduced in the table below:

Table 1: Details of Bidders S. No Firm Name Rate (in Rs) Status

Ref. Case No. 05 of 2019 1

2. The Informant in the present case had issued RFP for procurement of Cloth Cotton Pagdi for quantity of 7,42,426 Mtrs and Mattress MK-II (Improved Version), quantity 57,761 (in numbers). The Informant has stated that out of 04 firms which participated, only 03 firms could qualify for opening of commercial bids for Cloth Cotton Pagdi and out of 10 firms only 04 could qualify for opening of commercial bid for mattress. The tender for procurement of Cotton Pagdi was floated on 22.10.2018, and for Mattress was floated on 08.11.2018, respectively.

3. The Informant has averred that Commercial Negotiation Committee ('CNC') observed that the rates may have been quoted after collusion by the said two firms. As submitted by the Informant, details of the bid are reproduced in the table below:

2. The Informant in the present case had floated a Request for Proposal ("RFP") No. A/59876/Durries/ Clo-1/DGOS/OS-PII/Proc Sec dated 15.12.2015 for procurement of 8,18,009 Durries IT OG ("Item").

3. The Informant averred that 09 firms participated in the said tender including Standard Gram/OP-2 and out of the said 09 firms, only 06 qualified for opening of commercial bids. As stated by the Informant, Standard Gram/OP-2 could not qualify in technical evaluation as the firm was not registered with Association of Corporations and Apex Societies of Handlooms/Khadi Village Industries Commission ("ACASH/KVIC") which was a pre-requisite. It is further stated that while the contract was under progress, Standard Gram/OP-2 merged with Integrated Defence/OP-3. Subsequently, the L1 firm (HP Handicraft/OP-1) sublet the manufacture of the Item to Integrated Defence/OP-3 vide Letter No. HPSHHC:173/10(EM)/Durries/838081 dated 23.03.2018.

2. The Informant, a company incorporated in May, 2015, has been operating under the brand name of Treebo Hotels' and is in the business of providing franchising services to budget hotels in India. In addition to this, Treebo also provides service to numerous independent budget hotels who partner with it under its newly launched 'Hotel Superhero' scheme. Under the said scheme, Treebo only provides services such as hotel management technology services, listing on its platform and other online travel aggregators, credit facilities, support and quality control of the staff and hotel management resources etc. but does not provide its brand name.

3. MMT is an Online Travel Agency (OTA) engaged in the business of providing travel and tourism related services in India. It is a part of MakeMyTrip group of companies (MMT Group). OYO, on the other hand, provides budget accommodation to customers and is in the market for providing franchising services to budget hotels under the brand name 'OYO'.

1. The present case pertains to alleged cartelisation amongst certain parties in relation to Requests for Quotations ('RFQs') issued by certain Automobile Original Equipment Manufacturers ('OEMs') for supply of (i) Anti-Vibration Rubber Products ('AVR Products'); and (ii) Automotive Hoses (Water and Fuel) ('Hoses').

Suo Motu Case No. 01 of 2016 1

PUBLIC VERSION

2. The case commenced upon receipt of certain information under the provisions of Section 46 of the Competition Act, 2002 (the 'Act') read with the Competition Commission of India (Lesser Penalty) Regulations, 2009 (the 'LPR') which disclosed that two or more of the following companies had exchanged information and/ or reached agreements amongst themselves, as to who would supply AVR Products and Hoses in response to the RFQs issued by certain Automobile OEMs:

This Suo-Moto Writ Petition has been taken up pursuant to a note dated 07.05.2020 of Registrar General, which was put up before Hon'ble the Chief Justice on 08.05.2020 and as directed, the same has been listed before this Division Bench today.

We have perused the file and have heard Mr. Rahul Mehra, Ld. Standing Counsel (Criminal) for Government of NCT of Delhi and Mr. Sandeep Goel, Director General (Prisons).

It has been noticed that for effective implementation of the directions issued by Hon'ble Supreme Court of India in Suo Moto Petition (Civil) W.P. (C) 3080/2020 Page 1 of 3 No.1/2020-In Re: Contagion of COVID-19 Virus in Prisons vide its orders dated 23.03.2020 and 13.04.2020, a High Power Committee (HPC) was constituted by High Court of Delhi to decongest the Jails to prevent the spread of COVID-19 (Novel Corona Virus) and as per the recommendations of this Committee dated 28.03.2020, 07.04.2020 and 18.04.2020 and on the basis of orders in WP (C) No.2945/2020 titled as "Shobha Gupta & Ors. vs. Union of India & Ors.", 2177 Under Trial Prisoners (UTPs) were released on interim bail for a period of 45 days from the date of their respective release.

"(i) to issue a writ of mandamus or such other writ, order or direction to the respondents 1 and 2 not to proceed against the properties of the petitioners which is not a secured asset of the 1st respondent bank for the debts due from the third respondent.

(ii) to issue a writ of certiorari or such other writ, order or direction quashing all proceedings pursuant to Exhibit P1 pending before the Chief Judicial Magistrate Court, Thriruvananthapuram, finding that the property sought to be taken possession is not a secured asset of the 1st respondent.

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2. The facts in short, as averred in the writ petition, are that the petitioners, seventeen in number and belonging to District Kathua, came to be engaged as Daily Rated Labourers in Civil as well as Mechanical Divisions of PHE, Kathua between the period October 1994 to January 2000 and since then they have been discharging their duties, which has also been certified and authenticated by the respondents themselves in the year 2005 2 SWP 677/2014 and also in the year 2010. It is averred that the petitioners during all these years made a number of representations to the respondents for regularization of their services and when nothing fruitful came out, they filed SWP No.143/2009. The said writ petition was filed by as many as 26 persons including the petitioners herein, which came to be disposed of on 01.11.2013 with a direction to the respondents to accord consideration to the petitioners case for regularization in the light of averments made in the petition, annexure appended thereto and of course in accordance with rules/scheme in J&K Civil Services (Special Provisions) Act, 2010 governing the field. However, instead of regularizing the services of petitioners, respondent No.2 vide Order No.PHEJ/GE/04/E of 2014 dated 04.01.2014, impugned herein, rejected the claim of petitioners. Hence, the present writ petition.

Issue notice of this application to the respondents. Mr. Amit Gupta, AAG accepts notice.

2 WP(C) PIL NO. 41/2019 Let a copy of this application be sent to Mr. Amit Gupta, AAG by Mrs. Deepika Mahajan, Advocate, who shall seek instructions that immediate steps are taken to ensure food and all facilities to these survival of natural calamity.

Let a copy of this application be also furnished to Mr. M. K. Sharma, Member Secretary, State Legal Services Authority, Jammu and Ms. Sandeep Kour, Secretary, District Legal Services Authority, Udhampur to ensure that these people are given immediate assistance.

Dismissed as withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

For the reasons stated in the application, the same is allowed.

Main petition is taken on Board and is permitted to be withdrawn.

(RAJESH BINDAL) JUDGE Jammu 30.04.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.04.30 13:09 I attest to the accuracy and integrity of this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:20 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 04.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No PARAMJEET SINGH 2020.05.05 12:19 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document

Ordered accordingly.

(RAJESH BINDAL) JUDGE Jammu 05.05.2020 Paramjeet Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No.

PARAMJEET SINGH 2020.05.06 14:02 I am approving this document