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2026 Supreme(Online)(TDSAT) 1

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
RAM KRISHNA GAUTAM, Member
Intermedia Cable Communication Pvt. Ltd. – Appellant
Versus
Sahara India TV Network – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Aditya Vaibhav Singh
For the Respondents:Mr. Mahabir Singh, Sr. Advocate, Mr. Gautam Talukdar, Advocate, Mr Vijay Kumar (Review Applicant)

JUDGMENT

1. This Review Application has been filed by Review Applicant – Sahara India TV Network, against the impugned judgment and order, dated 13.09.2023, passed in Broadcasting Petition No. 617 of 2016, with this contention that while passing impugned order dated, 13.09.2023, Tribunal failed to take note of the submissions made during the course of argument, upon the pleadings and reply in above petition. Rather, it relied upon certain orders passed by Hon’ble High Court in Writ Petition (C) No. 7631 of 2013, and documents, which were admittedly, never part of the petition, nor were given opportunity for perusal and arguments by respondent over them. The very distinction between the ‘Tribunal’ and ‘Court’ was not taken into consideration, while taking judicial notice, as mentioned in the order, dated 13.09.2023. The Tribunal failed to take the procedures, laid down under the TRAI Act . The jurisdiction and maintainability was challenged and it was decided without legal finding over it. Impugned judgment and order dated, 13.09.2023 suffers from grave and palpable errors, apparent on the face of record. The very fact of being a ‘Licensee’ or a ‘Service Provider’ within the meaning

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