SUN DIRECT TV PVT LTD Vs. MSM DISCOVERY PVT LTD

JUDGEMENT

(1.) BY this Miscellaneous Application, the Applicant prays that the Respondent be directed to immediately provide signals to the Applicant/Petitioner on � la carte basis as per the terms of the Reference Interconnect Officer (RIO) and also for action to be initiated against the Respondent for failure to comply with the judgement dated 1.10.2008 of this Tribunal.

(2.) Briefly, the Applicant/Petitioner had filed Petition No. 62(C) of 2008 which was disposed of by this Tribunal vide judgement dated 1.10.2008. In that judgement, we had held that the Petitioner is entitled to the channel(s) of its choice from the Respondent on � la carte basis and directed the Respondent to supply signals of such channel(s) that the Petitioner may desire and as per the rates and terms of RIO. It was also stipulated therein that in the event the Petitioner offers the channel(s) received from the Respondent to its subscribers as part of a bouquet, the payment will be made as per the provisions of Clause 13.2A.13 of the Telecommunication (Broadcasting and Cable Services) Interconnection (Fourth Amendment) Regulation, 2007 (no. 9 of 2007) (hereinafter referred to as the Interconnect Regulation, 2007).

(3.) COUNTERING this argument, the Respondent states that the Applicant/Petitioner is seeking to reopen the judgement of 1.10.2008. It is contended that the Petitioner had, vide its letter of 7.10.2008, specifically asked for all the channels on � la carte basis which was agreed to by the Respondent on 8.10.2008 and that the final agreement was signed, in the form of a Term Sheet, also incorporating the findings given in the Tribunal's judgement. The choice of all the channels on � la carte basis is also stated clearly in the affidavit. He underlines the fact that both the letter and the affidavit are inked after the judgement of 1.10.2008. The counsel for Respondent referred to para 16 of the judgement and stated that the Tribunal had held clearly that while the Petitioner is entitled to receive the channel/s of its choice on � la carte basis, it is obliged to pay to the Respondent as per the provisions of Clause 13.2A.13 of the Interconnect Regulation, 2007. His contention is that after having signed the agreement, the Petitioner/Applicant is now trying to shift the goal posts.