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Tag: B B Srivastava

  • 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.

  • TDSAT directs Sun will continue signals to CK Cable but asks MSO to pay Rs 19.25 lakh

    TDSAT directs Sun will continue signals to CK Cable but asks MSO to pay Rs 19.25 lakh

    NEW DELHI: Even as it said that the protection granted regarding the supply of signals shall continue, the Telecom Disputes Settlement and Appellate Tribunal directed CK Cable Network Pvt Ltd to make an on account payment of Rs 19,25,000 to Sun Distribution Services Pvt. Ltd within a period of three weeks from the date of order.

    Member B B Srivastava said that in addition the MSO will continue to pay the monthly subscription fee at the rate of Rs 3 lakh per month against invoices raised by Sun Distribution on the basis of agreement for the month of August 2016 and onwards till the final disposal of the matter.

    Listing the matter for 28 September 2016, the Tribunal in its order of 12 August 2016 said these payments would be without prejudice to the rights and contention of either parties; and shall be subject to final decision of the Tribunal.

    The Tribunal also directed that the MSO would provide a list of operators who were with him till September 2015 as well as the list of operators who have left his network till date along with the dates when they left. Similarly, the reduction in the number of subscribers with regard to each operator shall also be indicated. This shall be furnished By CK Cable to Sun Distribution within three weeks from the date of order.

    On receipt of the list, Sun Distribution will immediately communicate the date and time for joint survey to the petitioner and the same would be concluded not later than three weeks from the date of receipt of the list.

    During arguments, Sun Distribution counsel Abhishek Malhotra claimed that the MSO owed Rs 38,47,855.21 but this was contested by CK Cable counsel V Deenadayalan who has that the amount payable was only Rs 5,44,390.68.

    The miscellaneous application had been filed by Sun Distribution on the ground that it had followed the earlier order of the Tribunal and continued to supply signals, the MSO had defaulted.

    Deenadayalan drew the attention of the Tribunal to the order dated 1 June 2016 whereby it was clearly directed that since the respondent had not agreed to the reduction in the number of connections shown in the tabular chart handed over by the petitioner and there was a need for joint survey, the two sides will carry out a joint survey on a date and time indicated by the respondent to the petitioner. It was also clarified that the responsibility to initiate and conclude the joint survey will rest solely with Sun Distribution.

  • TDSAT directs Sun will continue signals to CK Cable but asks MSO to pay Rs 19.25 lakh

    TDSAT directs Sun will continue signals to CK Cable but asks MSO to pay Rs 19.25 lakh

    NEW DELHI: Even as it said that the protection granted regarding the supply of signals shall continue, the Telecom Disputes Settlement and Appellate Tribunal directed CK Cable Network Pvt Ltd to make an on account payment of Rs 19,25,000 to Sun Distribution Services Pvt. Ltd within a period of three weeks from the date of order.

    Member B B Srivastava said that in addition the MSO will continue to pay the monthly subscription fee at the rate of Rs 3 lakh per month against invoices raised by Sun Distribution on the basis of agreement for the month of August 2016 and onwards till the final disposal of the matter.

    Listing the matter for 28 September 2016, the Tribunal in its order of 12 August 2016 said these payments would be without prejudice to the rights and contention of either parties; and shall be subject to final decision of the Tribunal.

    The Tribunal also directed that the MSO would provide a list of operators who were with him till September 2015 as well as the list of operators who have left his network till date along with the dates when they left. Similarly, the reduction in the number of subscribers with regard to each operator shall also be indicated. This shall be furnished By CK Cable to Sun Distribution within three weeks from the date of order.

    On receipt of the list, Sun Distribution will immediately communicate the date and time for joint survey to the petitioner and the same would be concluded not later than three weeks from the date of receipt of the list.

    During arguments, Sun Distribution counsel Abhishek Malhotra claimed that the MSO owed Rs 38,47,855.21 but this was contested by CK Cable counsel V Deenadayalan who has that the amount payable was only Rs 5,44,390.68.

    The miscellaneous application had been filed by Sun Distribution on the ground that it had followed the earlier order of the Tribunal and continued to supply signals, the MSO had defaulted.

    Deenadayalan drew the attention of the Tribunal to the order dated 1 June 2016 whereby it was clearly directed that since the respondent had not agreed to the reduction in the number of connections shown in the tabular chart handed over by the petitioner and there was a need for joint survey, the two sides will carry out a joint survey on a date and time indicated by the respondent to the petitioner. It was also clarified that the responsibility to initiate and conclude the joint survey will rest solely with Sun Distribution.

  • TDSAT asks LCOs in Malwa to sign interconnect pacts, clear arrears of Fastway

    TDSAT asks LCOs in Malwa to sign interconnect pacts, clear arrears of Fastway

    NEW DELHI: Members of the New Malwa Cable Operator Sangh of Punjab has been asked by the Telecom Disputes Settlement and Appellate Tribunal to sign the interconnect agreement with Fastway Transmission Pvt. Ltdwithin three weeks.

    In his order of 11 August 2016, member B B Srivastava said that Fastway would be free to disconnect the signals to those local cable operators who do not follow the order and sign the agreement as stipulated by TRAI regulations.

    The Tribunal described as “certainly not a happy state of affairs’ the statement by Fastway counsel G S Oberai that two lists of LCOs – the first list of 48 LCOs who have signed the agreement without postal registration andsecond list of 13 LCOs who have signed the agreement with stipulation recording “applied for postal registration”.

    The Tribunal said any agreement sans authentic postal registration cannot be termed as a valid document inaccordance with TRAI regulations. Oberai also submitted that 18 LCOs were yet to sign any agreement.

    Oberai further submitted that of the three LCOs – Syan Cable Network, Billing Cable Network, and Chahal CableNetwork, only Chahal Cable Network had made updated payment of the subscription fee. He produced twostatement of accounts, according to which there is an outstanding of Rs 73,301.81 against Syan Cable Networkand Rs 68,885 against Billing Cable Network.

    Listing the matter for 5 September, the Tribunal said this outstanding shall be liquidated by way of payment to therespondent within a period of 10 days, failing which the respondent would be free to disconnect signals tothese two cable networks – Billing Cable Network and Syan Cable Network.

  • TDSAT asks LCOs in Malwa to sign interconnect pacts, clear arrears of Fastway

    TDSAT asks LCOs in Malwa to sign interconnect pacts, clear arrears of Fastway

    NEW DELHI: Members of the New Malwa Cable Operator Sangh of Punjab has been asked by the Telecom Disputes Settlement and Appellate Tribunal to sign the interconnect agreement with Fastway Transmission Pvt. Ltdwithin three weeks.

    In his order of 11 August 2016, member B B Srivastava said that Fastway would be free to disconnect the signals to those local cable operators who do not follow the order and sign the agreement as stipulated by TRAI regulations.

    The Tribunal described as “certainly not a happy state of affairs’ the statement by Fastway counsel G S Oberai that two lists of LCOs – the first list of 48 LCOs who have signed the agreement without postal registration andsecond list of 13 LCOs who have signed the agreement with stipulation recording “applied for postal registration”.

    The Tribunal said any agreement sans authentic postal registration cannot be termed as a valid document inaccordance with TRAI regulations. Oberai also submitted that 18 LCOs were yet to sign any agreement.

    Oberai further submitted that of the three LCOs – Syan Cable Network, Billing Cable Network, and Chahal CableNetwork, only Chahal Cable Network had made updated payment of the subscription fee. He produced twostatement of accounts, according to which there is an outstanding of Rs 73,301.81 against Syan Cable Networkand Rs 68,885 against Billing Cable Network.

    Listing the matter for 5 September, the Tribunal said this outstanding shall be liquidated by way of payment to therespondent within a period of 10 days, failing which the respondent would be free to disconnect signals tothese two cable networks – Billing Cable Network and Syan Cable Network.

  • TDSAT orders All India Digital to pay up dues to Taj Television

    TDSAT orders All India Digital to pay up dues to Taj Television

    NEW DELHI: Two senior executives of All India Digital Network have been asked to appear before the Telecom Disputes Settlement & Appellate Tribunal on 1 September 2016 with cheques for the payment of five installments of Rs. 86,64,000 owed to Taj Television.

    Member B B Srivastava said in his order of 9 August 2016 that managing director G N Prasad had failed to come to the Tribunal on 12 February 2016 as directed but had sent director G Carriapa. The member wanted both to be present next time.

    The tribunal in its last order had noted that a payment schedule had been presented before it on behalf of GTPL which had agreed to pay all the dues of All Digital Network India Ltd but no installment had been paid by either, and the tribunal was told that “GTPL had walked out of the arrangement with All Digital.”

    All Digital counsel Manikya Khanna had then informed the Tribunal that his client was prepared to pay as GTPL had backed out.

    The Tribunal gave its order after All Digital counsel Sharath Sampath submitted that he had not been able to get any instruction with regard to the payments in order of 26 July 2016.

  • TDSAT orders All India Digital to pay up dues to Taj Television

    TDSAT orders All India Digital to pay up dues to Taj Television

    NEW DELHI: Two senior executives of All India Digital Network have been asked to appear before the Telecom Disputes Settlement & Appellate Tribunal on 1 September 2016 with cheques for the payment of five installments of Rs. 86,64,000 owed to Taj Television.

    Member B B Srivastava said in his order of 9 August 2016 that managing director G N Prasad had failed to come to the Tribunal on 12 February 2016 as directed but had sent director G Carriapa. The member wanted both to be present next time.

    The tribunal in its last order had noted that a payment schedule had been presented before it on behalf of GTPL which had agreed to pay all the dues of All Digital Network India Ltd but no installment had been paid by either, and the tribunal was told that “GTPL had walked out of the arrangement with All Digital.”

    All Digital counsel Manikya Khanna had then informed the Tribunal that his client was prepared to pay as GTPL had backed out.

    The Tribunal gave its order after All Digital counsel Sharath Sampath submitted that he had not been able to get any instruction with regard to the payments in order of 26 July 2016.

  • TDSAT directs West Bengal network Saptak Digital to clear Taj TV dues

    TDSAT directs West Bengal network Saptak Digital to clear Taj TV dues

    NEW DELHI: West Bengal cable TV network Saptak Digital has been asked by the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) to clear its outstanding dues to Taj TV of Rs 2,11,989 and Rs 2,48,006 for non-DAS and DAS areas as per terms and agreement of the previous agreement.

    Listing the matter for 7 September, member B B Srivastava also directed that for enjoying the signals the monthly payment will also have to continue to be made in accordance with the terms of the same agreement.

    The Tribunal said in its order of 9 August that the payment has to positively be made within two weeks.

    It however clarified that all these payments would be without prejudice to the rights and contentions of Saptak and subject to the final decision of the Tribunal.

    Meanwhile, the two sides were again asked to “sit down immediately after effecting the payment to resolve their differences and for signing the interconnect agreement in accordance with the TRAI regulation of March 2016.

  • TDSAT directs West Bengal network Saptak Digital to clear Taj TV dues

    TDSAT directs West Bengal network Saptak Digital to clear Taj TV dues

    NEW DELHI: West Bengal cable TV network Saptak Digital has been asked by the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) to clear its outstanding dues to Taj TV of Rs 2,11,989 and Rs 2,48,006 for non-DAS and DAS areas as per terms and agreement of the previous agreement.

    Listing the matter for 7 September, member B B Srivastava also directed that for enjoying the signals the monthly payment will also have to continue to be made in accordance with the terms of the same agreement.

    The Tribunal said in its order of 9 August that the payment has to positively be made within two weeks.

    It however clarified that all these payments would be without prejudice to the rights and contentions of Saptak and subject to the final decision of the Tribunal.

    Meanwhile, the two sides were again asked to “sit down immediately after effecting the payment to resolve their differences and for signing the interconnect agreement in accordance with the TRAI regulation of March 2016.

  • Digicable part pays dues to MediaPro

    Digicable part pays dues to MediaPro

    NEW DELHI: Digicable Network India Pvt. Ltd has handed over three post-dated cheques for Rs 25 lakh each as part of the total payment of Rs 9.52 crore to MediaPro Enterprise India Pvt. Ltd.

    The cheques were accepted by MediaPro counsel Tejveer Singh Bhatia “without prejudice to his rights and contentions” in the presence of member B B Srivastava of the Telecom Disputes Settlement & Appellate Tribunal (TDSAT) on 9 August 2016.

    But Bhatia said in the event of any of the cheques not being honoured for payment, the Tribunal may seriously consider attachment of the judgment debtor’s headend.

    The cheques dated 16 August 2016, 31 August 2016 and 30 September 2016 were handed over by Digicable Network counsel Diggaj Pathak.

    The matter was listed for 14 September 2016 by which time additional cheques as well as the revised schedule, if any, for expeditious liquidation of the decretal amount would also be given, the Tribunal said.