Learned Standing Counsel states that counter affidavit has been filed in Writ Petition No. 61118 of 2010. The issue involved in this writ petition is similar. Therefore, there is no need to file a separate counter affidavit. The counter affidavit filed in the aforesaid writ petition may by read in the present writ petition.
Learned counsel for the petitioner states that the leading writ petition on the subject is 18101 of 2009.
Learned Standing Counsel informs that this Court has already dismissed the writ petition in the case of Tata Tele Services Limited involving the similar question wherein it has been held that the document in question is lease agreement and not licence.
Sri Ashish Mishra, counsel for the petitioner submitted that against the order of this Court, Special Leave to Appeal has been filed which has been entertained and now is pending wherein an interim order has already been passed on 24.4.2009 that no coercive steps for the recovery of penalty including demand shall be taken. Hefurther submitted that the matter is on the Board for final hearing before the Apex Court. He further submitted that the interim order passed by this Court has been complied with and 50% of the demand has already been deposited.
In view of the above, let this writ petition be listed with leading Writ Petition No. 18101 of 2009 in third week of January, 2011. Interim order shall continue till the next date of listing.
Order Date :- 14.12.2010 OP