Tribunals and CommissionsDivision Bench(2021) 11 TDSAT CK 0066

M/s Manikanta Star And Cable Network And Ors vs Hcv Digital Entertainment Pvt Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 29 November 2021

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 530 Of 2021

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Judgment

3 paragraphs · 221 words

Heard learned counsel for the petitioner and learned counsel for the respondent.  The dispute between the parties indicated in the impugned disconnection notice of 2.8.2021 (Annexure P1) has been indicated in brief in the first order passed on 23.8.2021.  By that order an interim protection against the particular disconnection notice under challenge has been given to the petitioner. Petitioner has got an agreement in its favour as per stand of the respondent. A copy of the agreement, if not furnished, should be furnished at the earliest and in any case within two weeks. The dispute is primarily against a grievance of swapping of STBs for which the respondent has already moved this Tribunal through B.P. No. 241 of 2021 which is pending.  So far as return of STBs is concerned, the parties are at issue whether at the relevant time the STBs handed over to the respondent were sold or had to be returned by the respondent.  This issue needs be decided on the basis of available evidence for which the detailed hearing may be required.

Let the petition be listed before the Court of Registrar on 17.12.2021 to pass necessary orders and direction to make the petition ready for hearing.

Interim order against disconnection shall be continued.  However, petitioner must pay subscription dues in accordance with law and the agreement.