CourtKutchehry.com
Tribunals and CommissionsDivision Bench

Atria Convergence Technologies Ltd vs Union Of India

Telecom Disputes Settlement And Appellate Tribunal · Decided on 5 October 2021 · Citation: (2021) 10 TDSAT CK 0009

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
R A 8 Of 2020 In Telecom Petition 57 Of 2020
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 396 words

Learned counsel for the respondent UOI prays for adjourning the matters to another date.  Learned counsel for petitioners have raised objections mainly on the ground that long back on 5.3.2021 this Tribunal granted adjournment to the respondents for seeking instructions in respect of Annx. A to the rejoinder of the petitioner in TP no. 54 of 2020. Annx. A is a letter dated 17.2.2021 sent by one ministry of Government of India to another on the representation made by members of the Industry.  Since no instructions came within the period of six weeks granted on 5.3.2021, after few days on 28.7.2021, this Tribunal had to reiterate the relevant facts relating to Annx. A and it was noted that this document may have repercussions on the issues raised by the petitioners. Hence, four weeks' further time was granted with a request to the respondent to give clear instructions to learned counsel in respect of Annx. A before the next date.

In terms of that order the matter was to be listed on 2.9.2021 but has been listed today.  The interim order in  favour of petitioner in TP No. 54 of 2020 is continuing.

On behalf of petitioners objection has been taken to action of the respondent in not furnishing clear instructions leading to a firm stand in respect of Annx. A. The grievance of the petitioner appears to be genuine.

Hence while accepting the request of learned counsel for the respondent for further adjournment, it is made clear that respondent should no longer disregard the earlier request and must take a clear stand in writing by filing appropriate affidavit or MA in respect of Annx. A by the next date.

Post the matter under the same head on 22.11.2021.

The interim order passed earlier shall continue.  There is no separate interim order in favour of Digital Cable Operators who have approached through a Federation by filing M.A No. 292 of 2020 but it is made clear that till the next date no coercive action should be taken against those represented by the Federation. However, the MSOs who are working as Digital Cable Operators as well and providing internet and have approached through their Federation may file an application for further interim protection in case they are threatened with any coercive action.

Interim order passed in RA No. 8 of 2020 shall also continue till the next date.