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Judgment
Learned Counsel for both side are present. Learned Counsel for Petitioner while advancing arguments, argued that as per DAS Regulations, a public notice of three weeks for entering into Interconnect Regulation, or to face consequence of deactivation, was issued. But the Respondent filed a Civil Suit before the Civil Court, Nasik, wherein, ad-interim injunction was issued in the month of April 2015, on the date of filing of suit, before issuing notice to present Petitioner.
Ultimately, Petitioner was to continue the supply to Respondent. Objection before Civil Court, was raised with regard to non-maintainability of the original suit before Civil Court and jurisdiction being of this Tribunal. This was decided in favour of Petitioner in the month of March 2017. Hence, under the mandate of Civil Court, the signals were continued to be supplied and STBs activated for all those period of about two years, for which subscription amount became due, and is being claimed.
The interim order of Civil Court itself reveals that the supply of signal and continuation of STB’s by present Petitioner who was defendant No. 2 in above Civil proceeding, was admitted by present Respondent, who was Plaintiff of above Civil Suit. Hence, the contention with regard to STBs may not be raised otherwise.
Hence, the claim for the value of STBs, as well as for above subscription amount, is the nut-shell dispute, to be decided in these Petitions.
Learned Counsel for Respondent disputed the factum with regard to ownership of STBs. But when this Tribunal apprised the Model Interconnect Regulation, which itself provides that ownership of STBs shall remain with the MSOs, it was mentioned to be gone through under the Regulations by Counsel for Respondent. It was being admitted that for the period of injunction order duration, the subscription amount is ready to be paid because of mandate of Civil Court order, which was finally got vacated by the Court concern.
Hence, this Tribunal itself reveals the correct proposition of law that once a benefit has been availed under the ad-Interim injunction order of the Civil Court, which was subsequently found to be without jurisdiction, then that benefit is to be restored. Under above legal situation, learned Counsel of both side are being requested to give specific calculation with regard to subscription amount for above period of temporary injunction duration.
The depreciation value of the STBs, which are with proof of being issued, and activated by present Petitioner, in above period of injunction order, be also calculated and filed in a brief statement, by way of affidavit by Counsel for Petitioner as well as Respondent, within four weeks.
List the matter for ‘further hearing’ on 18.07.2023.