Bhagabati Prosad Banerjee, J. - (1.) This is an application for stay of operation of the order passed by the learned trial Judge on 8th and 9th November, 1993 passed on the writ application filed by the Doordarshan and others. The learned trial Judge heard the matter along with the another application filed by some prominent individuals to ensure telecast of the matches for the benefit of the viewers in India. At this stage, we are not proposing to go on merits of the rival contentions of the parties for the purpose of the disposal of this application it is necessary for us to set certain relevant facts.
(2.) At the very out set the order passed by the learned trial Judge on 8th and 9th November, 1993 are set out herein below:- "Let this matter appear tomorrow at the top of the list irrespective of any part heard and specially fixed matter, as prayed for by Mr. Kundu, learned advocate appearing on behalf of Union of India that be is to take necessary instruction in the matter. The petitioners are directed to serve two copies of this writ petition upon Mr. Kundu by today. Mr. Chatterjee submits that two copies of this writ petition have already been served upon Mr. Kundu which Mr. Kundu acknowledges the same."
(3.) There will be an interim order of injunction in terms of prayer 'I' and 'J' to this writ petition till day after tomorrow. However, I make it clear that this interim order will not prevent "Doordarshan from telecasting system arrived at between the C.A.B. and T.W.I." " Accordingly, I find no reason to vacate the interim order passed by this Court yesterday and make it clear that this will continue and the respondents Nos. 1 and 3 to 9 are also restrained from interfering with the frequency lines given to respondent No. 10, as per the request made by the respondent No. 9, by the INTELSAT, Wasington, U.S.A. Specially after the respondent No. 9 had accepted the necessary fees and had informed he respondent No. 10 that it had made all necessary arrangements for telecasting of Cricket Matches of the said Tournament by the respondent No. 10. Since this order is made in presence of the learned counsel appearing for Doordarshan an also in presence of Sri K. Kunnikrishnan, Controller of programmes (Sports) the petitioner need not communicate this order to the respondents.";