TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI Dated 19^th November 2025 Broadcasting Petition No. 341 of 2017 Hathway Cable & Datacom Limited & Anr. …Petitioner(s)

Vs.

Om Sai Cable & Anr. …Respondent(s)

BEFORE:

HON’BLE MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER For Petitioner : Mr. Nasir Husain, Advocate For Respondent No. 2 : Mr. Vibhav Srivastava, Ms. Aashi Arora, Ms. Rhea Yadav, Advocates

JUDGMENT

1. This Petition, under Section 14, read with Section 14A, of the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as “TRAI Act”) has been filed by Hathway Cable & Datacom Limited and Hathway Digital Private Limited, Petitioners, against Om Sai Cable & M/s CCN Den Network Pvt. Ltd., Respondents, with a prayer for a direction against Respondents, to pay an amount of Rs. 5,61,028/- (Rupees Five Lacs Sixty One Thousand and Twenty Eight Only), and interest at the rate of 18% per annum, towards outstanding subscription charges of the Petitioners, with a direction to return of 637 STBs, or in the alternative to pay its cost, amounting to Rs. 7,96,250/- (Rupees Seven Lacs Ninety Six Thousand Two Hundred and Fifty Only), @ Rs. 1250/- per STB, to the Petitioner. A further relief was also claimed for grant of permanent injunction against Respondent No. 2, a competitive MSO, for not providing signal to Respondent No. 1, until the liability, written as above, are being cleared by Respondent No. 1, in accordance with the TRAI Regulations.

2. In brief, the Petition contends that Petitioner No. 1, namely, Hathway Cable and Datacom Limited is a public limited company, incorporated under the provisions of the Companies Act, 1956, having its Registered Office, at ‘Rahejas’ 4^th Floor, Corner of Main Avenue & V.P. Road, Santacruz (West), Mumbai- 400 054. The Petitioner No. 1, is a cable television service provider, duly registered under the provisions of Section 3 of the Cable Television Networks (Regulation) Act, 1995 (hereinafter referred to as “Cable Television Act”). Petitioner No. 2, namely, Hathway Digital Private Limited, is a wholly owned subsidiary company of Petitioner No. 1, Hathway Cable and Datacom Limited and a company registered under Companies Act, 1956, having its office at “805/806, “Windsor” Off C.S.T. Road, Kalina, Santacruz (E), Mumbai- 400098, and is engaged in retransmitting the signals of Cable TV to its various operators on PAN India basis. Cable TV business of the Petitioner No.1 has been assigned to Petitioner No. 2 w.e.f. 01.04.2017, due to internal restructuring of the Petitioner No.1 Company, and the Petitioner No. 2 has changed its name from Hathway Digital Private Limited to Hathway Digital Limited w.e.f. 03.06.2020.

3. Respondent No.1, namely, Om Sai Cable, is a local cable operator, represented through its proprietor, namely, Mr. Sumit Aggarwal, who had been retransmitting the signals / services to the subscribers from the Petitioner, and thereby, distributing the same in the area of Bihari Colony, Shahdara and has its office situated at 2895, Gali No.1, Bihari Colony, Shahdara Delhi-110032. Respondent No.2, namely M/s CCN Den Network Private Limited, is a competitor MSO, of the Petitioner, having its office at B-13/1, Block B, Krishna Nagar, Delhi-110051.

4. On the request of the Respondent No.1, the Petitioner agreed to provide its signals / services for further retransmission to the subscribers in the area of Bhola Nath Nagar, Shahdara, Delhi and entered into Interconnect Term Sheet/Agreement, under the terms of which the Respondent No. 1, was liable to pay the monthly subscription charges, accordingly. As per the Interconnect Term Sheet, the Petitioner had issued approximately 637 set top boxes to the Respondent No.1. Copy of the Interconnect Term sheet is marked as Exhibit P-1 of the Paper book.

5. On the basis of the Interconnect Term Sheet the Petitioners raised invoices on the Respondent No.1, which were duly received by it, without any protest or demur. However, against the invoices