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TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
S.B. Sinha, CJ, G.D. Gaitha, J, P.K. Rastogi, J
M/s. Nirman & Associates Pvt. Ltd. – Appellant
Versus
MSM Discovery Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. parties involved in a telecommunications dispute regarding cable operation. (Para 1 , 2) |
| 2. allegations of non-compliance with prior orders leading to regulatory action. (Para 3 , 4) |
| 3. arguments presented regarding unauthorized operations and evidentiary issues. (Para 15 , 16 , 17) |
| 4. court's interpretation leading to dismissal of the petition. (Para 46 , 49) |
JUDGEMENT
S.B. Sinha Although I agree that this petition should be dismissed, I intend to assign my own reasons in support of the aforementioned conclusion.
Background Facts
2. The petitioner is a multi service operator. The respondent is a content aggregator. A request was made by petitioner for supply of signals to respondent. It having not acceded to the said request, the petitioner filed a petition before this Tribunal for an appropriate direction.
The said petition was marked as Petition No. 21 (C) of 2009.
3. By reason by an order dated 23rd April, 2009, the said petition was disposed of directing respondent to provide signals to its network subject to the following:
(a) “The petitioner will make a deposit of three months’ subscription fee as deposit on the basis of 1800 subscribers. This deposit will be, as al
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