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2023 Supreme(Online)(TDSAT) 1

TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER
Siti Networks Limited – Appellant
Versus
Santosh Cable Network – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Ritwika Nanda, Ms. Richa Deshpande
For the Respondents: Mr. Vibhav Srivastava

Table of Content
1. petitioner claims unlawful disconnection and seeks recovery of stbs. (Para 1 , 2 , 3)
2. interconnection agreements govern rights over equipment and services. (Para 4 , 5)
3. legal principles regarding burden of proof established. (Para 18 , 20 , 21)
4. court confirms entitlement to recover costs for equipment. (Para 25 , 26)

JUDGMENT

1. This Petition, under section 14 read with 14A of Telecom Regulatory Authority Act , 1997 (hereinafter called as ‘TRAI Act’), has been filed by Petitioner- Siti Networks Limited, MSO against two Respondents - Santosh Cable Network, LCO through its proprietor and Den Networks Ltd., a competing MSO, with a prayer for issue of direction to Respondent No. 1, not to migrate from the network of the Petitioner, without first complying with Interconnection Regulations and Model Interconnection Agreements, pending the final determination of the present Petition, not to use equipment of the Petitioner to run/carry digital cable TV signals of any other party. A further injunction, restraining the competing MSOs, including Respondent No.2, from unlawfully forcing the Respondent No.1, from illegally migrating from the network of the Petitioner an











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