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2011 Supreme(Online)(TDSAT) 25

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
S.B. Sinha, CJ
Neelkanth Star Multiple Networks – Appellant
Versus
STAR DEN Media Services Pvt. Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Vineet Bhagat
For the Respondents: Mr.Gaurav Juneja

JUDGMENT

The petitioner is a multi service operator operating in the areas of Bilaspur and Barmana in the State of Himachal Pradesh. The said two areas are distinct and separate areas being situate at a distance of 40 kilometers from each other.

The parties hereto entered into an agreement for supply of signals of the channels of respondent on or about 5.2.2010 in respect of 8 areas; whereas areas 1 to 4 pertain to Bilaspur, items 5 to 8 mentioned therein pertain to Barmana.

They read as under:

“Gram Panchayat area of Berry only.

Gram Panchayat area of Pangaian only.

Gram Panchayat area of Dehar only.

Gram Panchayat area of Barmana only.”

The petitioner, however, contends that as there existed an apprehension of illegal cable cutting by others, a request was made for entering into a separate agreement for the areas pertaining to Barmana to which respondent agreed and another agreement was entered into on or about 15.2.2010.

The areas covered by the said agreement are:

“Gram Panchayat area of Khater only.

Gram Panchayat area of Barmana only.”

The grievance of the petitioner is that despite deletion of certain areas from the agreement dated 5.2.2010 and incorporation thereof in a subsequent agre

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