Tribunals and CommissionsDivision Bench(2021) 09 TDSAT CK 0087

Power Smart Media (opc) Pvt Ltd vs Hathway Digital Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 27 September 2021

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Disposed Of
CASE NUMBER
Broadcasting Petition No. 758 Of 2020

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Judgment

5 paragraphs · 215 words

Heard learned counsel for the petitioner and learned counsel for the respondent.

Petitioner is a broadcaster and respondent is a MSO. Petitioner has approached this Tribunal with this petition against a disconnection of its channels from the respondent's network.   The issues between the parties were settled amongst themselves and the petitioner's channels were again placed on distribution network on payment of a particular amount.

In the last order passed on 5.8.2021, it was noted that parties have entered into a fresh agreement but an issue relating to TDS remained pending for settlement. Today the joint stand is that the said issue has also been settled. As a result on account of subsequent developments, no issue remains pending between the parties. The petition is accordingly, disposed of as withdrawn on account of settlement.

From the reply and other materials, it appears that respondent, an imminent MSO, issued the disconnection notice on 30.10.2020 and on account of some wrong notion, effected disconnection before the expiry of the notice period of 21 days which is mandatory under the relevant regulations. Such a situation must be avoided in future.

Mr. Nasir Husain, Advocate appearing on behalf of the respondent has explained that the error was inadvertent and in similar situation the respondent adheres to the requirements of the regulations.