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2025 Supreme(Online)(TDSAT) 34

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
TECHNOBILE SYSTEMS PVT. LTD – Appellant
Versus
AWADH MANORANJAN CABLE TV NETWORK AND ANR – Respondent
BROADCASTING PETITION/122/2018



TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI Dated 11th September 2025 Broadcasting Petition No. 122 of 2018 Technobile Systems Pvt. Ltd. … Petitioner Vs.

M/s Avadh Manoranjan Cable TV Network & Anr … Respondents BEFORE:

HON’BLE MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER Appellant : Mr Sharath Sampath & Ms Kavya Singh, Advocates Respondent : Mr Pankaj Bhagat & Mr Devesh Khandelwal, Advocates for R-1

JUDGMENT

1. It is a Petition U/s 14 read with Section 14A of TRAI Act, 1997 by Technobile Systems Pvt. Ltd. against M/s Avadh Manoranjan Cable TV Network and Another, with a prayer for a restraint order against Respondent No.1, with regard to non-moving to competitive MSO Respondent No.2, without compliance of the provisions of Interconnect Regulations, 2012 i.e., making payment of subscription dues, due against it, with a further relief of a direction to pay to Petitioner, for a sum of Rs. 4,60,766/- (Rupees Four Lakhs Sixty Thousand Seven Hundred and Sixty-Six Only), due as subscription charges, as on 01.04.2018, with an interest, @18% per annum, with a further prayer for grant of pendente lite and future interest, @18%

per annum, till date of actual payment of same.

2. In brief, the contention of Petition is that, Petitioner is a Multi System Operator (MSO), a company registered under the Indian Companies Act, 1956, engaged in the business of distributing signals of various broadcasters to the cable operators and its consumers in various parts of Uttar Pradesh, including DAS area of Lucknow. Mr Mayank Jain is an authorized representative, authorized vide Resolution of Board of Directors of Companies, (Annexure - P1, to Petition), to file this Petition, for and on behalf Petitioner Company.

3. Respondent No.1 M/s Avadh Manoranjan Cable TV Network is a Local Cable Operator (LCO), affiliated to the network of Petitioner, in the area of Lucknow, and it is a sole proprietorship concern of Mrs Usha Arora. The other concerned sister concern is M/s Manoranjan Cable TV Network, was being run by husband of Mrs Usha Arora.

Respondent No.2 is a competitive MSO, operating PAN India, and is a company registered under Companies Act.

4. Petitioner entered into an Interconnect Agreement dated 24.11.2016, with Respondent No.1, for retransmitting the pay and Free-to-Air (FTA) channels, to ultimate consumers. This agreement is Annexure -

P2 to Petition, and was valid up till 30.11.2017.

5. 14,573 Set Top Boxes (STBs) were provided to M/s Manoranjan Cable TV Network, for its deployment to various ultimate users at their premises. The outstanding subscription dues remained due for payment in the tune of Rs. 4,60,766/- (Rupees Four Lakhs Sixty Thousand Seven Hundred and Sixty Six Only) till 01.04.2018, by Respondent No.1 to Petitioner. Invoices were timely sent and received by Respondent, but were not honoured. Those are Annexure – P3 (Colly) to Petition. The above dues of outstanding subscription charges was apparent from the Statement of Account (SOA) maintained by Petitioner qua Respondent, and filed as Annexure – P4 to Petition. Repeated request, even by issuing notice, was made for making payment and not shifting to other MSO but was of no avail. Hence, a cause of action had arisen within territorial jurisdiction of this Tribunal. Hence, this Petition, with above prayer.

6. This was replied by Respondent No.1, with contention of lapse of Interconnect Agreement, by efflux of time, on 30.11.2017. Hence, no liability, if any, beyond that period, because of being no Interconnect Agreement, in between, may be claimed. Invoices were never unpaid, and were not raised to Respondent, which could be said to be outstanding. To the best of knowledge and belief, all outstanding dues were cleared by Respondent No.1, till 30.11.2017. Even then, a reply was there for reconciliation of Statement of Account till 30.11.2017, so that the financial liabilities of the parties can be ascertained till 30.11.2017. The STBs, if any, said to be supplied by Petitioner, wer

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