Tag: B B Srivastava

  • VXL and linked LCOs barred from receiving signals from any other MSO

    VXL and linked LCOs barred from receiving signals from any other MSO

    NEW DELHI: VXL Digital has been restrained by the Telecom Disputes Settlement and Appellate Tribunal from receiving signals from Indian Cable Net Company Ltd or any other MSO.

    In a petition filed by VXL against Star India, TDSAT member B B Srivastava also restrained ICNCL and other MSOs from supplying signals to the petitioner and shareholder LCOs.

    TDSAT said the alleged arrangement of migration to another MSO by continuation of the use for facility of CAS and SMS on the previous MSO “appears prima-facie unusual and not in consonance with interconnect regulations”.

    However, TDSAT, in its order of 14 September 2016, said VXL will be at liberty to move an application for vacation and I or modification of the restraint order.

    Star India counsel Saurabh Srivastava submitted that, through an affidavit, it had been clearly admitted by VXL that nine local cable operators who are shareholders in VXL are receiving signals from ICNCL, and VXL had agreed to extend the facility of CAS and SMS for ensuring uninterrupted services to the consumers.

    It was also mentioned that their shareholder LCOs would be transferring shares of VXL to ICNCL to overcome any roadblock. This arrangement had been agreed to by the petitioner company in the letter of 28 July 2016.

    Also read:  TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

  • TDSAT orders Asianet systems’ audit in dispute with Taj TV

    TDSAT orders Asianet systems’ audit in dispute with Taj TV

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd (BECIL) has been directed by the Telecom Disputes Settlement and Appellate Tribunal to carry out commercial audit of the system of Asianet Satellite Communication Ltd following its miscellaneous application against Taj TV Pvt Ltd.

    Tribunal member B B Srivastava said in his order of 6 September that a report should be submitted within four weeks taking into account the concerns raised by Taj TV and the reply of the petitioner. Taj TV will bear the cost subject to final adjudication by the tribunal regarding the responsibility for payment of the cost of audit.

    Hearing on this application has been listed for 18 October, 2016.

    The order came after Asianet counsel Shirin Khajuria submitted that her client had reservations to the contentions by Taj TV in its reply and that these were mala fide. She said her client was not averse to the audit by BECIL.

    With reference to another pending application, Taj TV was directed to file its reply within a week. Taj TV Counsel Upender Thakur submitted that he would make available in a sealed cover to the tribunal documents enumerated in para 6 of that application within the same period. This application will be heard on 20 September, 2016.

    Khajuria also submitted that Taj TV may be directed to file on oath all the documents and information as mentioned in para 6 of this second application with a view to ensure supply of signals on non- discriminatory and reasonable basis in the State of Karnataka.

  • TDSAT orders Asianet systems’ audit in dispute with Taj TV

    TDSAT orders Asianet systems’ audit in dispute with Taj TV

    NEW DELHI: The Broadcast Engineering Consultants (India) Ltd (BECIL) has been directed by the Telecom Disputes Settlement and Appellate Tribunal to carry out commercial audit of the system of Asianet Satellite Communication Ltd following its miscellaneous application against Taj TV Pvt Ltd.

    Tribunal member B B Srivastava said in his order of 6 September that a report should be submitted within four weeks taking into account the concerns raised by Taj TV and the reply of the petitioner. Taj TV will bear the cost subject to final adjudication by the tribunal regarding the responsibility for payment of the cost of audit.

    Hearing on this application has been listed for 18 October, 2016.

    The order came after Asianet counsel Shirin Khajuria submitted that her client had reservations to the contentions by Taj TV in its reply and that these were mala fide. She said her client was not averse to the audit by BECIL.

    With reference to another pending application, Taj TV was directed to file its reply within a week. Taj TV Counsel Upender Thakur submitted that he would make available in a sealed cover to the tribunal documents enumerated in para 6 of that application within the same period. This application will be heard on 20 September, 2016.

    Khajuria also submitted that Taj TV may be directed to file on oath all the documents and information as mentioned in para 6 of this second application with a view to ensure supply of signals on non- discriminatory and reasonable basis in the State of Karnataka.

  • Don’t disconnect signals to part-paying MSO, ZEEL directed

    Don’t disconnect signals to part-paying MSO, ZEEL directed

    NEW DELHI: Zee Entertainment Enterprises Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal not to disconnect the signals to Seven Star Dot Com Pvt Ltd provided the latter keeps paying the monthly subscription on the basis of invoices raised.

    Listing the matter for further hearing on 16 September, the tribunal member B B Srivastava, on 2 September 2016, said that the Tribunal had been informed by Seven Star counsel Naveen Chawla that a sum of Rs 50 lakh had been paid by his client as an on-account payment.

    The Tribunal said this payment would be without prejudice to the rights and contentions of both the parties and will be subject to the final order of the Tribunal.

    In another case, the Tribunal adjourned to 21 September 2016 a matter by Hathway Cable and Datacom Ltd after the Tribunal was informed that Pragya Vision Pvt Ltd had only paid two cheques of Rs 1 lakh and Rs 10,000 against the demand of Rs 94,11,572. Adjourning the matter, the Tribunal directed that the Managing Director of Pragya Vision – who was present – will be present on the next date as well. The counsel for Pragya said his client would submit an affidavit about the schedule of payments.

    In a third case the same day, INX News Pvt Ltd Mumbai counsel Nittin Bhatia informed the Tribunal that four instalments of the payments due to Manthan Broadband of Kolkata had been made. But, the matter was put off to 13 September 2016 as Mathan counsel Anurup Narula wanted time to respond to the reply to its miscellaneous application filed by INX.

  • Don’t disconnect signals to part-paying MSO, ZEEL directed

    Don’t disconnect signals to part-paying MSO, ZEEL directed

    NEW DELHI: Zee Entertainment Enterprises Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal not to disconnect the signals to Seven Star Dot Com Pvt Ltd provided the latter keeps paying the monthly subscription on the basis of invoices raised.

    Listing the matter for further hearing on 16 September, the tribunal member B B Srivastava, on 2 September 2016, said that the Tribunal had been informed by Seven Star counsel Naveen Chawla that a sum of Rs 50 lakh had been paid by his client as an on-account payment.

    The Tribunal said this payment would be without prejudice to the rights and contentions of both the parties and will be subject to the final order of the Tribunal.

    In another case, the Tribunal adjourned to 21 September 2016 a matter by Hathway Cable and Datacom Ltd after the Tribunal was informed that Pragya Vision Pvt Ltd had only paid two cheques of Rs 1 lakh and Rs 10,000 against the demand of Rs 94,11,572. Adjourning the matter, the Tribunal directed that the Managing Director of Pragya Vision – who was present – will be present on the next date as well. The counsel for Pragya said his client would submit an affidavit about the schedule of payments.

    In a third case the same day, INX News Pvt Ltd Mumbai counsel Nittin Bhatia informed the Tribunal that four instalments of the payments due to Manthan Broadband of Kolkata had been made. But, the matter was put off to 13 September 2016 as Mathan counsel Anurup Narula wanted time to respond to the reply to its miscellaneous application filed by INX.

  • Star India to settle accounts with RVR Infrastructure, signals reconnected

    Star India to settle accounts with RVR Infrastructure, signals reconnected

    NEW DELHI: Following a direction of the Telecom Disputes Settlement and Appellate Tribunal, Star India has reconnected the signals to RVR Infrastructures Ltd after the MSO paid an amount of Rs five lakh as directed.

    Member B B Srivastava was informed on 29 August 2016 that the two parties had already met for one round to reconcile accounts and would be meeting again before the next date of hearing – 5 September.

    Earlier in the hearing on 24 August 2016 on the petition by the MSO challenging the disconnection of signals by the broadcaster, the Tribunal was told by RVR counsel Sharath Sampath that two cheques for Rs 2.5 lakh each dated 30 June 2016 had been lying with the broadcaster which had not beenencashed till date. However, Star India counsel Saurabh Shrivastava said this had not been done under instructions from RVR.

    According to RVR, the disconnection notice by Star India was for clearance of outstanding ofRs 8,51,635.

    The Tribunal noted that the dis.connection notice expired on 12 August 2016 and the signalswere disconnected on 23 August 2016.

    Under those circumstances, RVR and Star India had been directed to reconcile the amount andthe MSO had been asked to pay Rs five lakh through RTGS the same day (24 August 2016).

  • Star India to settle accounts with RVR Infrastructure, signals reconnected

    Star India to settle accounts with RVR Infrastructure, signals reconnected

    NEW DELHI: Following a direction of the Telecom Disputes Settlement and Appellate Tribunal, Star India has reconnected the signals to RVR Infrastructures Ltd after the MSO paid an amount of Rs five lakh as directed.

    Member B B Srivastava was informed on 29 August 2016 that the two parties had already met for one round to reconcile accounts and would be meeting again before the next date of hearing – 5 September.

    Earlier in the hearing on 24 August 2016 on the petition by the MSO challenging the disconnection of signals by the broadcaster, the Tribunal was told by RVR counsel Sharath Sampath that two cheques for Rs 2.5 lakh each dated 30 June 2016 had been lying with the broadcaster which had not beenencashed till date. However, Star India counsel Saurabh Shrivastava said this had not been done under instructions from RVR.

    According to RVR, the disconnection notice by Star India was for clearance of outstanding ofRs 8,51,635.

    The Tribunal noted that the dis.connection notice expired on 12 August 2016 and the signalswere disconnected on 23 August 2016.

    Under those circumstances, RVR and Star India had been directed to reconcile the amount andthe MSO had been asked to pay Rs five lakh through RTGS the same day (24 August 2016).

  • TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

    TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

    NEW DELHI: VXL Digital Pvt Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal not receive any signals from any multi-system operator, following a petition relating to pending arrears by broadcaster lndiacast Distribution Pvt Ltd.

    Member B B Srivastava however said this did not preclude VXL Digital from giving clarifications for seeking for a modification or cancellation of this restraint order.

    Admitting the petition, the Tribunal listed it for further hearing on 6 October 2016 giving time to VXL Digital to reply and Indiacast to file rejoinder.

    Broadcaster lndiacast Distribution said the total arrears amounted to Rs 45.63 lakh.

    The broadcaster’s counsel Navin Chawla said VXL Digital had on 9 June 2016 given an undertaking to clear all the arrears in five equal installments by 30 November 2016 but nothing had been paid so far.

    Furthermore, VXL Digital had on 10 August 2016 informed Indiacast about its decision to wind up its cable business because of “financial distress caused by unreasonable subscription charges payable for distributing pay channels.”

    However, he saud Indiacast had learnt that VXL Digital had started receiving signals from India Cable Network Co Ltd and presented a video to prove this.

  • TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

    TDSAT forbids VXL Digital to receive signals from any MSO after dispute with Indiacast

    NEW DELHI: VXL Digital Pvt Ltd has been directed by the Telecom Disputes Settlement and Appellate Tribunal not receive any signals from any multi-system operator, following a petition relating to pending arrears by broadcaster lndiacast Distribution Pvt Ltd.

    Member B B Srivastava however said this did not preclude VXL Digital from giving clarifications for seeking for a modification or cancellation of this restraint order.

    Admitting the petition, the Tribunal listed it for further hearing on 6 October 2016 giving time to VXL Digital to reply and Indiacast to file rejoinder.

    Broadcaster lndiacast Distribution said the total arrears amounted to Rs 45.63 lakh.

    The broadcaster’s counsel Navin Chawla said VXL Digital had on 9 June 2016 given an undertaking to clear all the arrears in five equal installments by 30 November 2016 but nothing had been paid so far.

    Furthermore, VXL Digital had on 10 August 2016 informed Indiacast about its decision to wind up its cable business because of “financial distress caused by unreasonable subscription charges payable for distributing pay channels.”

    However, he saud Indiacast had learnt that VXL Digital had started receiving signals from India Cable Network Co Ltd and presented a video to prove this.

  • TDSAT permits MSO defaulter to clear decretal dues by mid-November 2016

    TDSAT permits MSO defaulter to clear decretal dues by mid-November 2016

    NEW DELHI: ACME Digicom Pvt. Ltd. MD Raj Kumar Mishra, against whom the Telecom Disputes Settlement and Appellate Tribunal had on 12 July 2016 issued bailable warrant of arrest has finally appeared and given a cheque for Rs three lakh in a petition by decree holder SITI Cable Network Limited [Successor in interest of Wire & Wireless {India) Ltd].

    Mishra also told Member B B Srivastava on 22 August that he should be given time till 15 November 2016 to clear the decretal amount in full.

    Directing the matter to be listed for 21 November 2016, the Tribunal asked Mishra to file an affidavit after liquidating the entire balance and to be present before the Tribunal on the next date.

    In the hearing on 12 July 2016, Siti Cable Counsel Tejveer Bhatia had said that pursuant to the order dated 19 April 2016, one cheque for Rs two lakhs was encashed. However, two cheques dated 30 May 2016 and 30 May 2016 for Rs.4 lakhs each have not been honoured by the bank.

    He had submitted that the outstanding was still to the tune of Rs 40 lakhs.

    The Tribunal had issued the arrest warrant after noting that “his (Mishra’s) conduct all along has been in the form of resiling from the commitment made.