S.B. Majmudar JUDGMENT
Kuldip Singh, J.
1. This appeal has arisen from a civil suit instituted before the Bombay City Civil Court at Bombay by the Mahanagar Telephone Nigam Limited (the Nigam) and the Union of India for a declaration that they alone have the right to print/publish the list of telephone subscriber's and 'that the same cannot be printed or published by any other person without express permission of ,the Nigam/Union of india. A further declaration -was sought that the Tata Press Limited (Tatas) have no right whatsoever to print, publish and circulate the compilation called "Tata Press Yellow Pages" (Tata - pages). A permanent injunction restraining the Tatas, their agents and servants from printing and/or publishing and/or circulating the "Tata - Pages" being violative of the Indian Telegraph Act, ,1883' (the Act) and the Indian Telegraph Rules, 1951 the rules) was also sought from the Court. The City Civil Court, Bombay by its judgment dated August 7, 1993 dismissed the suit. First appeal filed by the Nigam and the Union of India was heard by a learned single judge of the Bombay High Court and the learned judge by the judgment dated April 27, 1994 . allowed the appeal, set aside the judgment of the trial Court and decreed the suit. Letters Patent Appeal filed by the Tatas was dismissed by a Division, Bench of the Bombay High Court by the impugned judgment dated September 8, 1994. This appeal, by way of special leave, is against the judgment of the Division Bench of the High Court upholding the learned single judge.
2. The Nigam is a Government Company substantially controlled by the Government of India;. The Government holds 80% of the total shares of the company. The Nigam is a hence under the Act and as such to required to establish. maintain and control the telecommunication services within the territorial jurisdiction of the Union Territory of Delhi and the areas covered by the Municipal Corporations of Bombay, New Bombay and the Thane. Till 1987 the Nigam/Union of india used to publish and distribute, on its own, the telephone directory consisting of white pages only. However, of late, the Nigam started entrusting the publication of its telephone directory to outside contractOrs. From 1987 onwards, the Nigam has permitted such contractors to raise revenue for themselves, by procuring advertisements and publishing the same as "Yellow Pages" appended to the telephone directory. In, other words , the telephone directory published and distributed by the Nigam consists of the white pages which contain alphabetical list of telephone subscribers and also "Yellow Pages" consisting of advertisements procured by the contractor to meet the expenses incurred by the contractor in printing, publishing and distributing the directory.
3. The Tatas are engaged in the publication of the Tata - Pages which is a buyers-guide comprising of a compilation of advertisements given by businessmen, traders and professional duly classified according to their trade, business or profession. it is not disputed that the said compilation includes unpaid advertisements in which the category/type of business, trade or profession of the advertiser is listed. It is stated by the appellant that the advertisements are published in the Tata - pages on the application of the pa........