Hon'ble Judges/Coram:
Shiva Kirti Singh, J. (Chairperson), B.B. Srivastava and A.K. Bhargava

ORDER

Shiva Kirti Singh, J. (Chairperson)

1. A look at the common order passed in these matters on 06.07.2017 would show that this bunch of matters was categorised in three groups. One, of cases already disposed of wherein execution applications have been filed and are pending. These matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedings in Punjab & Haryana High Court which has already appointed an Official Liquidator. Since T.P. No. 78 of 2015 also relates to S. Tel Pvt. Ltd., that matter also forms part of the first group, although it is not at the execution stage. The second group is of telecom and broadcasting petitions directed against Tulip Telecom Ltd. which is under liquidation as per proceedings in the Delhi High Court which has appointed the Official Liquidator in that matter. The third group consists of telecom petitions directed against Loop Mobile (India) Pvt. Ltd. against which liquidation proceedings are pending in Bombay High Court which has also appointed Official Liquidator. The order dated 06.07.2017 further discloses that as per stand of the Official Liquidator a preliminary issue has arisen: Whether the petitioners require to take permission of the High Court in the pending liquidation proceedings for proceeding with the present matters in the Tribunal in the light of Section 446 of the erstwhile Companies Act and Section 279 of the Companies Act 2013.

2. After affording opportunity to the petitioners/applicants as well as the concerned Official Liquidator to file their pleadings to make their stand clear on the preliminary issue, learned counsel for the parties concerned have been heard at quite some length on the aforenoted issue. The stand of the Official Liquidator in these matters by way of preliminary objection has already been noted. Learned counsel appearing for the other side in all these matters have taken a contrary stand. According to them, Section 279 of the Companies Act 2013 (Companies Act) will not have any effect on matters which lie within the exclusive jurisdiction of this Tribunal which has been constituted for a special purpose by a special Act i.e. the Telecom Regulatory Authority of India Act, 1997 (the Act). It may be relevant to record at the outset that the stand of petitioners/applicants is common in respect of the matters which as noted above are pending for adjudication. However, in respect of matters pending for execution, their stand is slightly at variance. While some of the learned counsel have urged that even the jurisdiction of this Tribunal to execute its orders and decree under Section 19 of the Act is special and exclusive and, therefore, not affected by provisions in the Companies Act, some of the counsel have almost conceded that the jurisdiction in the matter of execution may not have the same standing as the adjudicatory jurisdiction under Sections 14 and 14A of the Act.

3. Before adverting to the rival submissions it will be useful to note the salient features and relevant provisions of the Act. The purpose of the Act as provided in the Preamble is as follows:

"An Act to provide for the establishm........