Vodafone Idea Ltd. v. Insta Control Pvt. Ltd.
In the Telecom Disputes Settlement and Appellate Tribunal
Cyber Appeal 20/2015
Before Justice D.N. Patel, Chairperson, Justice R.K. Gautam, Member, and Mr S.K. Gupta, Member
Decided on July 15, 2022

Relevancy of the Case: Validity of an appeal before the TDSAT while there is a pending appeal before the jurisdictional High Court

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 57(1))
• The Cyber Appellate Tribunal (Procedure) Rules, 2000 (Rule 3(1))

Relevant Facts of the Case

• The Principal Secretary (Information Technology), Govt. of Maharashtra, preferred a judgment and ordered the appellant to pay damages to the complainant by compensation. Hence, the petitioner has filed an appeal against the same.

Opinion of the Bench

• There are few common law points in the present cyber appeal. There is also a pending appeal submitted by the appellant before the High Court of Bombay.
• Hence, the execution of the Adjudicating Officer’s order should be stopped.

Final Decision

• The bench rejected the appeal and adjourned the matter.