Tribunals and CommissionsSingle Bench(2021) 02 TDSAT CK 0047

GTPL Hathway Pvt. Lt vs Harsh Communication Llp And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 4 February 2021

HON’BLE JUDGES
Shiva Kirti Singh, CP
RESULT
Disposed Of
CASE NUMBER
Misc Application 181 Of 2020 With Broadcasting Petition 445 Of 2020

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Judgment

15 paragraphs · 333 words

Learned counsel for the petitioner, Mr. Jayant Mehta has placed reliance upon affidavit filed on behalf of the petitioner on 25.1.2021 and particularly

upon Annexure ""L"" to that affidavit. The submission on behalf of the petitioner is that the interim orders passed earlier have been ignored and

violated by the respondent and Annexure ""L"" would show that as per SMS report generated through the system of the petitioner, it has been

ascertained that 3225 subscribers have not renewed / been disconnected in the month of November 2020 and 434 subscribers in the month ofÂ

December 2020.  The above figures given in paragraph -9 of the affidavit are apparently supported by the figures in Annexure ""L"", but in the

reply to that affidavit, the respondent has taken a categorical stand in paragraph-6 that Annexure 'L' is in respect of several other entities also who

have entered into agreement with the petitioner. A perusal of Annexure ""L"" shows that the first column in the left contains entity code and is followed

by the name of the network. Respondents have two entity code assigned against their name pertaining to two areas of operations; one Mehsana

and other Kansa. The number of subscribers shown against respondent Harsh Communication is only in few hundreds for Kansa and in single digit

for the area Mehsana.

In the aforesaid circumstances, it would not be appropriate to devote further time to record evidence or to send an Advocate Commissioner to collect

materials in support of the application under Section 20 of the TRAI Act for punishing the respondent. It is warned to be careful and it is expected that

it shall abide by the interim orders already passed. The M.A. is disposed of.

Petitioner's grievance if subsisting, will be considered on the basis of appropriate materials at the time of final hearing of the petition. Â

Let the matter be listed before the Court of Registrar on 19.2.2021 for passing orders and directions to make the petition ready for hearing.