CS(OS) 437/2017 Page 1 of 5 $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 437/2017 & I.A. 10574/2017, I.A. 256/2018, I.A. 23778/2025 MAHANAGAR TELEPHONE NIGAM LTD .....Plaintiff Through: Ms. Ekta Sikri and Mr. Jasbir Bidhuri, Advocates. versus UNITED FORUM OF MTNL UNIONS & ASSOCIATIONS & ORS .....Defendants Through: Mr. Santosh Kumar Upadhyay and B.C.Kishor, Advocates for D-16 & 17. Mr. P S Singh and Mr. Mritunjay K Singh, Advocates for 16, 18. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 19.05.2026 1. It is stated by the learned Counsels for the parties that the present Suit can be decreed in terms of the interim Order dated 12.09.2017, passed by a co-ordinate Bench of this Court in the present Suit. The Order dated 12.09.2017 is reproduced and the same reads as under: “CS(OS) 437/2017 Let the plaint be registered as suit. Issue summons in the suit to the defendants by all modes including dasti, returnable for 13th November, 2017 before the Joint Registrar for completion of service and pleadings. The summons to the defendants shall indicate that a This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 11:58:49 CS(OS) 437/2017 Page 2 of 5 written statement to the plaint shall be positively filed within four weeks of the receipt of the summons. Liberty is given to the plaintiff to file a replication within two weeks of the receipt of the advance copy of the written statement. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document which is not in their power and possession, its detail and source shall be mentioned in the list of reliance which shall be also filed with the pleadings. Admission/denial of documents shall be filed on affidavit by the parties within two weeks of the completion of the pleadings. The affidavit shall include the list of the documents of the other party. The deponent shall indicate its position with regard to the documents against the particulars of each document. List the matter before Court on 5th December, 2017. I.A. No.10574/2017 Issue notice to the defendants by all modes including dasti, returnable for 13th November, 2017 before the Joint Registrar. It is pertinent to mention that present suit has been filed for permanent injunction. In the plaint it is stated that plaintiff is a public sector undertaking and a well established telecommunication services provider which has been granted licence by the Department of Telecommunication, Govt. of India to establish and maintain telephones within the Union Territory of Delhi and the areas covered by municipal corporations of Mumbai, Navi Mumbai and hane, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 11:58:49 CS(OS) 437/2017 Page 3 of 5 Maharashtra. It is further stated that the defendant nos. 1 to 18 are various MTNL unions and associations. However, except defendant no. 17, none of the defendants are recognized unions with the plaintiff and therefore are not eligible for the purpose of negotiations. It is stated in the plaint that on account of illegal activities on part of the defendants in the past, the plaintiff was constrained to file civil suits bearing nos. 66 of 2009 and 1372/2006. Vide order dated 21st March, 2013, CS (OS) 66/2009 was disposed of pursuant to undertaking given by the officers of the defendants that they shall hold only peaceful demonstrations at the pavement outside the corporate office/GM offices and any other office that belongs to MTNL. The Associations/Unions further undertook not to hold any demonstrations/dharna/raise slogans at the residences of the MTNL employees and not to obstruct the ingress and egress of the employees/ visitors/officers of the plaintiff in future. It is also stated in the plaint that vide order dated 20th February, 2003, CS (OS) 1372/2006 was decreed in favour of the plaintiff whereby the defendants were restrained from holding any demonstrations/dharnas or gate meetings within a radius of 100 mtrs. from the offices of the plaintiff and within the radius of 200 mtrs. from the residence of any officers of the plaintiff. The defendants were further restrained from creating any hindrance in the ingress and egress of the employees and officers of the plaintiff. Learned counsel for the plaintiff states that despite being bound by the aforesaid order/judgment dated 21st March, 2013 and 20th February, 2013 as well as having knowledge of the steps already taken by the plaintiff to look into their demands/grievances, the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 11:58:49 CS(OS) 437/2017 Page 4 of 5 defendants served various notices upon the plaintiff for a joint protest action and held demonstrations/dharnas on 17th and 18th August, 2017 at CGO Complex, Lodhi Road, New Delhi during which around three thousand people entered the office of the plaintiff and blocked the ingress and egress of the building. She states that the demonstrators/protestors created obstructions for the officers, employees and visitors of the plaintiff and shouted slogans disrupting the functioning of the plaintiff which caused inconvenience not only to the plaintiff but also to the general public at large. Learned counsel for the plaintiff states that on 22nd August, 2017 i.e during the last demonstration, the defendants illegally and without any justification threatened to pursue an aggressive policy by indulging in demonstrations and gherao etc. at the main gate of the plaintiff’s office at Khurshid Lal Bhawan, Janpath which is the Head Quarter of its Delhi operations. She lastly states that the defendants and their supporters have threatened to hold further demonstrations from 13th September, 2017 onwards again. Keeping in view the aforesaid, this Court is of the opinion that a prima facie case is made out in favour of the plaintiff and balance of convenience is also in its favour. Further, irreparable harm or injury would be caused to the plaintiff if an interim injunction order is not passed. Consequently, defendants and/or their agents, servants, assignees, representatives or any other person acting at their behest are restrained from holding any dharnas, shouting any slogans, gathering/assembling/collecting in any manner, in and around 100 mtrs. of MTNL, Registered Office, CGO Complex and MTNL office, Khurshid Lal Bhawan and all other offices of MTNL situated at This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 11:58:49 CS(OS) 437/2017 Page 5 of 5 various places in Delhi and/or blocking/obstructing the ingress/egress of the officials of the plaintiff, its visitors and employees. The police is directed to render all assistance to the plaintiff in implementing the aforesaid order. Let the provisions of Order 39 Rule 3 CPC be complied within a period of one week. Order dasti under signature of Court Master.” (emphasis supplied) 2. The interim arrangement has been in place for nearly 10 years now, and when this Court put a suggestion to the learned Counsels appearing on behalf of the Parties as to whether the interim arrangement can be made absolute or not, both the Parties agreed that the same can be made absolute. 3. It is stated by the learned Counsel for the Plaintiff that the office of the Plaintiff has shifted from Khurshid Lal Bhawan to Kidwai Bhawan, Janpath. 4. Interim Order dated 12.09.2017 is made absolute and the present Suit is disposed of in terms of the said Order. 5. Pending applications, if any, also stand disposed of. SUBRAMONIUM PRASAD, J MAY 19, 2026 Rahul This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/05/2026 at 11:58:49