Tribunals and CommissionsDivision Bench(2022) 06 TDSAT CK 0015

Kappa Internet Services Pvt Ltd vs Union Of India

Telecom Disputes Settlement And Appellate Tribunal · Decided on 3 June 2022

HON’BLE JUDGES
D. N. Patel, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Misc Application No. 215 Of 2022 In Broadcasting Petition No.45 Of 2019 With Misc Application No. 181 Of 2019

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Judgment

5 paragraphs · 220 words

MA No. 215 of 2022

1.

This application has been preferred by the original petitioner mainly for the reason that the original petitioner is seeking benefit of the notification dated 6.10.2021 (Annexure P-2  to the memo of this application).

2.

Having heard the counsels for both the sides and looking at the facts and circumstances of the case, especially paragraph 5 of the MA No. 215 of 2022, the Performance Bank Guarantee (PBG) and Financial Bank Guarantee (FBG), prima facie is to be given of 20%. Hence, the petitioner shall give the PBG of Rs. 2,00,000/- and FBG for Rs. 20,000/-.

3.

Let it be noted that this will be subject to the outcome of further orders to be passed in the present MA No. 215 of 2022 because despite the time granted to the respondent, they have not filed any reply in this MA. Hence, as an interim relief, PBG as well as FBG will be at 20% of the original amount and the remaining amount will be subject to further orders to be passed in the present MA No. 215 of 2022 upon filing of the reply of the respondent. This Bank Guarantee shall be filed and to be given by the petitioner within a period of one week from today.

3.

This matter is adjourned to 22.9.2022.