ASIANET SATELLITE COMMUNICATIONS LIMITED Vs. STAR INDIA PRIVATE LIMITED

JUDGEMENT

(1.) IN this petition filed under Section 14 and Section 14A of Telecom Regulatory Authority of INdia Act, 1997 among other reliefs the Petitioner has prayed for reconnection of signals and a declaration that the subscription amount of Rs.10083894/- agreed to be paid under protest by the Petitioner in the subscription agreement signed by it with the respondent broadcaster on 30th April 2006 is invalid, null and void being contrary to INterconnect Regulations.

(2.) It is submitted in the petition that this amount of subscription was incorporated in the agreement solely because the Respondent broadcaster refused to sign the agreement unless the Petitioner agreed to include this amount as the subscription amount in the agreement which is mandatorily required to be signed under Inter-connect Agreement Regulations. It is contended on behalf of the Petitioners that this Tribunal in Petition No. 44(c) of 2004 in Star India Private Limited V.. Indusind Media and Communications Limited had held on 17th January 2006 that it is obligatory on the part of the signal receiver to enter into a subscription agreement with the signal provider without which the signal receiver could not demand the supply of signals. It is also contended that in the said order of this Tribunal, it was held that if the parties cannot agree on the terms of the agreement, the aggrieved party should sign the agreement under protest and thereafter approach this Tribunal for the redressal of its grievances. It is in this background that, though the petitioner very well knew that the amount of Rs.10083894/- per month plus service tax as monthly subscription for receiving the signals from the respondent broadcaster was highly exhorbitant and unreasonable, it still signed the agreement under protest, so that it could approach this Tribunal for redressal of its grievances.

(3.) IN the above background, this Tribunal had directed the Petitioner to enter into a subscription agreement for supply of signals beyond 1st May 2005, on or before 30th of April 2005. Obviously, bearing in mind the directions given by this Tribunal in Star INdia Private Limited V.. INdusind Media and Communications Limited (supra) the petitioner now complains that the Respondent realizing its dominant role in signing the agreement, and perceiving the consequences of not signing the agreement, has made an unreasonably high demand of Rs.1.08 crores so as to compel the Petitioner to pay this huge sum knowing very well that it would surely put it out of business. Therefore, the Petitioner prays that this Tribunal should by way of an interim order fix a reasonable sum as the interim subscription payable during the pendency of this petition so that the Petitioner could get the signals during the pendency of this petition.