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TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
MR. JUSTICE RAM KRISHNA GAUTAM, Member
Prasar Bharati (Broadcasting Corporation of India) – Appellant
Versus
M/s Pan India Network Infravest Private Ltd. – Respondent
| Table of Content |
|---|
| 1. claim for damages due to non-compliance with the agreement. (Para 1 , 2 , 3) |
| 2. description of the agreement terms and responsibilities. (Para 4 , 5) |
| 3. response and arguments from the respondent on jurisdiction. (Para 6 , 7) |
| 4. issues framed for the tribunal's consideration. (Para 8 , 9) |
| 5. tribunal's analysis of damages and liability. (Para 10 , 11 , 12) |
| 6. tribunal's reasoning on the agreement's nature (license vs lease). (Para 13 , 14 , 15) |
| 7. tribunal's reaffirmation of jurisdiction. (Para 18 , 19) |
| 8. final decision and decree issued by the tribunal. (Para 20 , 21 , 22) |
JUDGEMENT
1. This Petition, under Section 14 , of the Telecom Regulatory Authority of India Act, 1997 , (hereinafter after said to be ‘the Act’) has been filed by Petitioner, Prasar Bharati (Broadcasting Corporation of India) against M/s Pan India Network Infravest Private Limited, Respondent, with a prayer for a decree of damages @ 5 times of the license fee, for the period of 31.10.2008 to 31.08.2015, amounting to Rs. 1,39,21,281/- (Rupees One Crore Thirty Nine Lakhs Twenty one Thousand Two Hundred Eighty one only), with arrear of license fee, including delayed payment interest, amounting to Rs 1,7
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