Tribunals and CommissionsDivision Bench

Bhorer Alo Cable And Broadband Pvt Ltd vs Singha Digital Network Though Its Prop. Sahadeb Singha

Telecom Disputes Settlement And Appellate Tribunal · Decided on 23 September 2021 · Citation: (2021) 09 TDSAT CK 0065

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Disposed Of
CASE NUMBER
Broadcasting Petition Nos. 539, 540, 541, 542, 543, 544, 545, 546 Of 2021

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Judgment

5 paragraphs · 202 words

Heard learned counsel for the petitioner. From the submissions it appears that the respondent LCO, the affiliate of petitioner MSO, has completed the act of disassociation and has swapped STBs provided by the petitioner with that of other entity.  Learned counsel has placed reliance upon clause 3 of Deed of Undertaking which is annexed with the petition to show that the affiliate in the present situation is obliged to unconditionally return the STBs in working condition or else is liable to pay to the petitioner compensation @ Rs. 1500 per STB.

Considering the simple issue involved in the petition, there is distinct possibility that the matter may be disposed of without formal admission.

Issue notice to the respondent; dasti and email in addition. Rule is made returnable within five weeks.

It will be open for the respondents to approach the petitioner for settlement by  return of STBs in working condition or by paying the agreed compensation.  If such settlement is arrived before the next date, no formal reply need be filed, otherwise, the respondent should file a reply by the next date so that if possible, the matter may be finally disposed of.

Post the matter under the same head on 8.11.2021.