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2023 Supreme(Online)(TDSAT) 6

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
MR. DHIRUBHAI NARANBHAI PATEL, CJ, MR. SUBODH KUMAR GUPTA, J
Indian Cable Net Company Ltd. – Appellant
Versus
Star India Pvt Ltd. – Respondent


Advocates:
For the Appellants/Petitioners: Sr. Adv. Mr. Meet Malhotra, Ms. Ritwika Nanda, Ms. Palak Singh, Ms. Swikriti Singhania, Mr. Ravi S. S. Chauhan
For the Respondents: Sr. Adv. Mr. Maninder Singh, Ms. Shilpa Gupta, Mr. Ranjeet Singh Sidhu

JUDGEMENT

Per Justice D.N. PATEL, Chairperson.

SUMMARIUM

The present petition revolves around the interpretation of the existing legal framework governing the Logical Channel Number (LCN) and Rank. The substrata of the present dispute concerns impugning of the disconnection notice dated 02/09/2021 issued by Respondent. Furthermore, an issue pertaining to payment of incentive & other allied dues as per the terms of Subscription License Agreement (SLA) & First Addendum, is the economic crux of the present dispute.

Through the institution of the present petition the petitioner contends that it is entitled to receive incentive payments and other associated dues, as per the terms agreed upon in the Subscription License Agreement (SLA), owing to its diligent maintenance of the Logical Channel Number (LCN) and Rank of the Respondent's channels.

The Respondent, on the other hand, has completely repudiated the petitioner's assertions, alleging that not only has the petitioner violated the terms of the Subscription License

Agreement (SLA), but it has also contravened Clause 18(2) of the Interconnection Regulation, 2017. This deviation from the provisions of the SLA and the statutory regulatio

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