By arethaadmin
February 25, 2026
Aretha Legal is pleased to share a significant win in the broadcasting industry. The Honble Supreme Court in an appeal filed by a Multi System Operator against a Broadcaster from the final Judgment of TDSAT, has held that the non-filing of an appropriately stamped and notarised evidence by way of affidavit is a question of fact and hence appeal, circumscribed by Section 18 TRAI Act, allowing appeals only in case a substantial question of law, is not maintainable.
Assisted by the Senior partner of Aretha Legal, Mrs. Aanchal Tandon and her able team, Senior Advocate Kunal Tandon led the arguments to drive home the point that the proceedings are akin to original trial proceedings and non filing of the appropriately notarised and blank evidence by way of affidavit is not a curable defect and that there was no grave perversity by TDSAT in not allowing the evidence to be rejected at the time of the final judgment.
This dismissal by the Supreme Court reinforces that
1. Defective evidence by way of affidavit cannot be cured in appeal and;
2. The appeal under section 18 TRAI Act is circumscribed by grounds contained in section 100 CPC ie substantial question of law only.
3. That a finding in respect of defective evidence of affidavit is a question of fact.