MEWAR CHANNEL Vs. STAR INDIA PRIVATE LIMITED
LAWS(TD)-2005-2-2
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Decided on February 24,2005

Appellant
VERSUS
Respondents

JUDGEMENT

- (1.)IN this petition under Section 14 and 14A of the Telecom Regulatory Authority of INdia Act, 1997, the petitioner a Cable operator as defined in clause (aa) of Section 2 of Cable Television Networks (Regulation) Act, 1995, seeks the following reliefs:
"A. Direct the respondent No.1 ( Start INdia Pvt. Ltd - broadcaster) to produce before this Hon'ble Tribunal the agreements/contracts entered into between itself and respondent no.2 (M/s. Dev Vision - MSO) and the subscription agreement executed between the respondent no.1 and the petitioner along with other relevant records with respect to distributorship of its TV Channels in the territory of Udaipur; and upon perusal of the same

B. Set aside/Quash the Agreement/Contract entered into between the respondent no.1 and respondent no.2 holding the same to be violative of and contrary to notification dated 10.12.2004 issued by respondent no.3 (Telecom Regulatory Authority of INdia);

C. Pass any other order (s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case".

(2.)Petitioner also filed a Miscellaneous Application seeking interim relief.
It is not that the petitioner is not getting signal from the MSO, the second respondent. On 13th January, 2005, respondent No.1 - Star India Pvt. Ltd. informed the petitioner by their letter that respondent No.2 - Dev Vision has since been appointed distributor of Star channels in Udaipur w.e.f. 1st December, 2004. It would be MSO who is responsible for all issues pertaining to subscription and distribution of Star channels in the territory. Petitioner was advised to enter into a subscription agreement with the second respondent as the earlier agreement between Star and the petitioner stood assigned to the second respondent. A public notice was also issued to the same effect by the second respondent.

(3.)WE issued notice to the respondents. Both Star India Pvt. Ltd. and Dev Vision have filed their replies .


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