IN THE HIGH COURT OF DELHI AT NEW DELHI

EXTRACRDINARY CIVIL JURISDICTION

C.M.NO._________OF 1998

IN

WRIT PETITION (CIVIL) NO.4732 OF 1998

Dr. Arun Mehta …Petitioner/Applicant

Versus

V.S.N.L. ………..Respondent

REPLY TO THE APPLICATION FOR INTERIM RELIEF

MOST RESPECTFULLY SHEWETH:

1. Respondent has filed the Counter Affidavit opposing the admission of the Writ Petition by this Hon'ble Court. For the sake of brevity the Respondent seeks to refer to and rely upon the contents thereof as if the same are set out hereunder in extenso.

2. It is submitted that the Writ Petition deserves to be dismissed at the outset for the reasons stated in the Counter Affidavit and therefore, no interim relief deserves to be granted in the present Application. It is submitted that the Respondent had temporarily not provided necessary route to internet telephony sites since the same was violative of the terms and conditions. The petition has primarily made grievance with regard to the non-provision of Routes to the site Vocaltec. The route for the said site has now been provided. The grievance of the petitioner does not survive. In these circumstances, the petition ought to be dismissed.

3. It is denied that the non-provision of certain routes on the internet amounts to a violation of the fundamental rights guaranteed under the Constitution.

4. With reference to para 3 of the Application, it is submitted that the terms and conditions of subscription clearly provide as follows.

"7-The subscribers of gateway internet access service would not be allowed to gate way access services for interactive voice or fax message."

The usage in accordance with the aforesaid term is permitted. The various questions posed by the petitioner in the said para under reply are totally irrelevant and nor necessary for the petition. However to avoid any controversy the respondent is dealing with the said questions as follows and for the sake of convenience the question nos are given as stated by the applicant in the application.

3(a) Subscribers are permitted to access a web page that automatically plays an audio file on the computer.

3(b) It is permissible to attach a pre-recorded voice message as a data file to an E-mail Message and send it alongwith the E-mail.

3(c) It is permissible to access voice mail transmitted in the form of a data file.

3(d) It is permissible to attach a scanned message of a page as a data file and send the same as an attachment to E-mail.

3(e) It is permissible to access a web page created from a scanned message of page.

3(f) Respondent has not banned or blocked internet sites, as stated in the writ petition. Routes to certain sites were not given since it appeared that those sites provided software to be downloaded with the help of which one could get connected to their gateway.

5. With reference to prayer (b) of the application, it is submitted that the Respondent has already opened routes to the Vocaltec and other sites which are in conformity with the Subscription rules.

In the facts and circumstances stated above, it is submitted that the application for interim relief deserves to be dismissed.

(MAHESH AGARWAL)

Advocate for Respondent

34, Babar Lane F.F.

Bengali Market

New Delhi 110001.