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Judgment
16 paragraphs · 424 wordsDraft Issues have been filed on behalf of the parties in both the matters. Heard the Learned Counsels appearing on behalf of the parties and perused the record of the case. Since the Issues in both the matters are slightly different on factual aspects, separate Issues have been framed in both the matters.
ISSUES (in B.P.No.167 of 2021)
Whether Respondent No.1 breached the terms of the Interconnect Agreement signed with the Petitioner and / or has violated the terms of the TRAI Interconnect Regulations ?
Whether the Petitioner is entitled to the outstanding dues as claimed towards the subscription charges from Respondent No.1 or has itself breached the terms of Agreement ?
Whether the Petitioner is entitled for recovery of the STBs along with the viewing cards from the Respondents in good working condition or in the alternative for an amount equivalent to costs thereof ?
Whether the Petitioner is entitled to interest @ 15% p.a. on the above amount from the date it became due and payable till its actual realization ?
To what other relief / reliefs the Petitioner is entitled to ?
ISSUES (in B.P.No.168 of 2021)
Whether Respondent No.1 breached the terms of any valid Interconnect Agreement signed with the Petitioner and / or has violated the TRAI Regulations ?
Whether the agreement relied upon by the Petitioner is a valid and subsisting agreement for the period in question and whether Respondent No.1 has breached the terms of such Interconnect Agreement signed with the Petitioner ?
Whether Respondent No.1 has violated the model Interconnect Regulations of TRAI ?
Whether the Petitioner is entitled to the outstanding dues as claimed in the petition towards the subscription charges from Respondent No.1 ?
Whether the Petitioner is entitled for recovery of the STBs along with the viewing cards from the Respondents in good working condition or in the alternative for an amount equivalent to costs thereof ?
Whether the Petitioner is entitled to interest @ 15% p.a. on the above amount from the date it became due and payable till its actual realization ?
To what other relief / reliefs the Petitioner is entitled to ?
Four weeks time is prayed and allowed to the Petitioner for filing their Evidence Affidavits. The Respondents may file their Evidence Affidavits within four weeks thereafter. The Petitioner may file their ex-parte evidences in B.P.Nos.169 and 170 of 2021 within the time allowed above. Let the matter be listed for directions on 7th July, 2022.
