1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2701 OF 2008 Vikrant Cable Systems Pvt.Ltd. ...Petitioner vs. 1.Telecom Regulatory Authority of India & ors. ...Respondents. --- Mr.Dnyanaraj G. Sant, for Petitioner. Mr.P.Yusuf i/b. Paras Kuhad & Associates, for Respondent no.2. CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ. DATED: 4th June, 2008. P.C.:- 1. By this petition, the petitioner challenges the order dated 24.3.2008 passed by Telecom Disputes Settlement and Appellate Tribunal, New Delhi, declining to grant interim order in favour of the petitioner. While this petition was pending, it appears that the main appeal itself appeared before 2 that Tribunal on 28.4.2008. A copy of the order passed by the Tribunal dated 28.4.2008 has been produced on record, it is taken on record and marked “X” for identification. Perusal of that order shows that because the petitioner had filed this petition challenging the interim order passed by the Tribunal declining to grant any interim stay in favour of the petitioner, the Tribunal has disposed of the main appeal itself. 2. After having heard the learned Counsel appearing for both the sides, we are unable to find any justification for disposing of the main appeal of the petitioner pending before the Tribunal only because he has filed petition in this Court challenging the interim order. The order of the Tribunal at “X” disposing of the main proceedings on the ground that he has challenged the interim order passed by the tribunal is totally misconceived and without application of mind. In our opinion, therefore, the following order would meet the ends of justice:- (i) The order dated 28.4.2008 at “X” is set aside. 3 (ii) The Tribunal is directed to hear and dispose of the main appeal of the petitioner which is pending before it, in accordance with law and after hearing both the sides, as expeditiously as possible, in any case within a period of eight weeks from the date on which writ of this order is served on the Tribunal. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (N.D.DESHPANDE,J.) ---