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Judgment
While beginning, arguing Learned Senior Counsel objected the jurisdiction of this Tribunal because of want of license, making the petitioner 'licensee' and 'service provider', as was challenged in paras 1 and 2 of the reply, mentioning the status of petitioner in paras 1 and 2 of the petition, that it is a question of record, wanting no reply, however, relevant document has not been filed.
The first challenge was with regard to 'service providership' of petitioner for bringing this petition within the jurisdiction of this Tribunal as per Section 14 of TRAI Act, 1997. In reply, learned counsel for petitioner argued that vide Notification of the year 2004, the petitioner company was a 'service provider' for cable services as well as for Direct To Home services(DTH). This Notification is in public domain. Even on the website of Union of India, it is there. The same cannot be filed at that time and this matter has been raised in many litigation between the parties and for the first time, it is being raised like so. No doubt, license could not be filed and but it is very well there and it can be filed before this Tribunal.
Let it be filed alongwith application, as an annexure to affidavit. The counsel for respondent will have an opportunity to rebut the same. This be exercised, in between.
List on 04.10.2023 'for further hearing'.