Back
PRATHIBA M. SINGH
Royal Digital Cable And Communication Pvt. Ltd. – Appellant
Versus
Star India Pvt. Ltd. – Respondent
JUDGMENT :
[Prathiba M. Singh, J.]
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner - Royal Digital Cable and Communication Pvt. Ltd. seeking setting aside of the impugned orders dated 17th November, 2022 and 22nd December 2022 passed by the ld. Telecom Disputes Settlement and Appellate Tribunal, New Delhi (TDSAT).
3. The Petitioner is a Multi-System Operator (MSO) offering its services in Burhanpur, Madhya Pradesh. It is engaged in the business of providing cable television services by way of supplying signals of Free-to-Air as well as Pay Channels including supply of programmes, packages etc. to cable operators including the channels of the Respondent No.1 - Star India Pvt. Ltd.
4. It is the case of the Petitioner that on 23rd October, 2020 an audit report was generated by an empanelled auditor, under regulation 15(1) of the Telecommunication (broadcasting and cable) Services Interconnection (addressable systems) Regulations, 2017 (hereinafter, “TRAI Regulations, 2017”). The said report was shared with the Respondent No.1. As per the said report, the Petitioner’s system was found to be compliant with the TRAI Regulations, 2
In civil proceedings, petitioner bears onus to prove case by preponderance of probabilities; failure to provide valid evidence upholds respondent's audit-based demand.
Interim orders by TDSAT can proceed based on audit reports unless substantive disputes are resolved, while higher courts maintain limited interference in such financial determinations.
The judgment emphasizes the importance of compliance with the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the authority of the Tri....
The central legal point established in the judgment is that the exercise of power under Article 227 is restricted to cases of serious dereliction of duty and flagrant violation of fundamental princip....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
