Tag: B B Srivastava

TDSAT directs Star India to reconnect signals to Ortel on receipt of half of due amount

NEW DELHI: Star India was directed by the Telecom Disputes Settlement and Appellate Tribunal to reconnect the signals to Ortel Communications within 24 hours as Ortel counsel gave cheques for Rs 3,34,93,967 to Star India counsel Rajsekhar Rao.

The petition had been filed against disconnection of signals by Star with effect from 2 July 2016 in view of various notices issued under relevant regulations for both DAS and non-DAS areas.

In his order, member B B Srivastava on 11 July 2016 said Ortel was desirous to have the interconnect agreement renewed but on RIO terms of Star.

The cheques submitted were for 50% of the outstanding amount till June 2016 (Rs 6,77,71,172). The balance amount of Rs.342,77,205 as well as the installment agreed to be paid by 31 July 2016, will be paid by 25 July 2016 and 31 July 2016 respectively. The petitioner would a lso adhere to the payment schedule as agreed to earlier.

The petitioner’s desire to have a fresh agreement on RIO basis for DAS areas would be on the basis of RIO and for non-DAS areas, the two sides will negotiate and sign an appropriate interconnect agreement as per TRAI Regulations within two weeks.

In the meanwhile, the terms and conditions of the old agreement would continue to govern the relationship between the petitioner and the respondent and the petitioner will abide by the payment schedule and other terms of the previous agreement.

Ortel meanwhile denied any charges of piracy for which FIRs had been lodged.

Earlier, the petitioner had come before the Tribunal against these notices and when the matter was taken up on 27 May 2016, the petitioner submitted that the parties had arrived at an agreement and therefore, it withdrew the petition.

The mutual agreement arrived at between the parties had been documented in the form of emails dated 26 May 2016 and a communication to the petitioner on 17 June 2016.

However, the matter came up again in view of the amount of Rs 6,77,71,172 of which half was paid by chequest which the Bank refused to accept as there was “stop payment” instructions by the petitioner to the bank in view of the disconnection.

(Updated on 20 July 2016 6:25 pm)

July 15, 2016
TDSAT directs Auragabad MSO to pay part of sums due and enter into agreement with MSM Media

NEW DELHI: Aurangabad Satellite Cable Service Centre has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay a part of its dues to MSM Media Pvt Ltd and to negotiate the terms of a new interconnect agreement.

In his order, member B B Srivastava also asked the MSO to submit within two days the SLRs in respect of the six areas that continue to be under analogue transmission.

Adjourning the matter to 1 August 2016, the Tribunal said he MSO “would be well advised to pay at least a part of the respondent’s dues for productive negotiations and interconnect agreement.”

When the matter was taken up on 18 May 2016, it had been adjourned for a week to allow the parties to renegotiate the terms of interconnect agreement and were asked to work out an interconnect agreement on mutual terms.

July 15, 2016
TDSAT directs Auragabad MSO to pay part of sums due and enter into agreement with MSM Media

NEW DELHI: Aurangabad Satellite Cable Service Centre has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay a part of its dues to MSM Media Pvt Ltd and to negotiate the terms of a new interconnect agreement.

In his order, member B B Srivastava also asked the MSO to submit within two days the SLRs in respect of the six areas that continue to be under analogue transmission.

Adjourning the matter to 1 August 2016, the Tribunal said he MSO “would be well advised to pay at least a part of the respondent’s dues for productive negotiations and interconnect agreement.”

When the matter was taken up on 18 May 2016, it had been adjourned for a week to allow the parties to renegotiate the terms of interconnect agreement and were asked to work out an interconnect agreement on mutual terms.

July 15, 2016
TDSAT issues arrest warrant against MSO defaulter for non-clearance pf dues and non-appearance

NEW DELHI: In a rare case, the Telecom Disputes Settlement and Appellate Tribunal has issued bailable warrant of arrest for ACMEDigicom Pvt. Ltd. MD Raj Kumar Mishra in a petition by decree holder SITI Cable Network Limited [Successorin interest of Wire & Wireless {India) Ltd] for for failing to make payments as directed by the Tribunal.

Siti Cable Counsel Tejveer Bhatia told member B B Srivastava that pursuant to the order dated 19 April 2016,one cheque for Rs two lakhs was encashed. However, the two cheques dated 30 May 2016 and 30 May 2016 forRs.4 lakhs each have not been honourned by the bank.

He submitted before the Tribunal on 11 July 2016 that the outstanding is still to the tune of Rs 40 lakhs.

There was no appearance on behalf of the judgment debtor. Besides, the Tribunal noted that “his conduct all alonghas been in the form of resiling from the commitment made.

In view of that, the Tribunal issued the arrest warrant in order to secure his presence before the Tribunal on the nextdate fixed in the case – 22 August 2016.

July 13, 2016
TDSAT issues arrest warrant against MSO defaulter for non-clearance pf dues and non-appearance

NEW DELHI: In a rare case, the Telecom Disputes Settlement and Appellate Tribunal has issued bailable warrant of arrest for ACMEDigicom Pvt. Ltd. MD Raj Kumar Mishra in a petition by decree holder SITI Cable Network Limited [Successorin interest of Wire & Wireless {India) Ltd] for for failing to make payments as directed by the Tribunal.

Siti Cable Counsel Tejveer Bhatia told member B B Srivastava that pursuant to the order dated 19 April 2016,one cheque for Rs two lakhs was encashed. However, the two cheques dated 30 May 2016 and 30 May 2016 forRs.4 lakhs each have not been honourned by the bank.

He submitted before the Tribunal on 11 July 2016 that the outstanding is still to the tune of Rs 40 lakhs.

There was no appearance on behalf of the judgment debtor. Besides, the Tribunal noted that “his conduct all alonghas been in the form of resiling from the commitment made.

In view of that, the Tribunal issued the arrest warrant in order to secure his presence before the Tribunal on the nextdate fixed in the case – 22 August 2016.

July 13, 2016
Mauli Cable and Hathway resolve dispute, TDSAT disposes matter

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has disposed of a petition by Mauli Cable Network after it informed the Tribunal that an interconnect agreement had been signed with Hathway Cable and Datacom.

Mauli Cable counsel Tushar Singh informed the Tribunal on 8 July 2016 that a part of the sum had also been cleared and the balance would be cleared as directed by the Tribunal on 24 June 2016. Counsel Nasir Hussain of Hathway also agreed with the statement.

The Tribunal had directed Mauli to pay upfront a sum of Rs 15 lakh to when signig a fresh interconnect agreement on 28 June at the office of the latter.

The vacation bench of Member B B Srivastava in its order had noted that Mauli had not denied the amount of Rs 33,27,944 but that the invoice had been raised only on 6 June 2016.

The Tribunal had directed that the balance would be paid within four weeks of its order.

Hathway told the Tribunal that it was providing the signals to Mauli for transmission, thereby answering the question raised by Mauli which had said it was not clear who the agreement was to be signed with.

July 12, 2016
Mauli Cable and Hathway resolve dispute, TDSAT disposes matter

NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has disposed of a petition by Mauli Cable Network after it informed the Tribunal that an interconnect agreement had been signed with Hathway Cable and Datacom.

Mauli Cable counsel Tushar Singh informed the Tribunal on 8 July 2016 that a part of the sum had also been cleared and the balance would be cleared as directed by the Tribunal on 24 June 2016. Counsel Nasir Hussain of Hathway also agreed with the statement.

The Tribunal had directed Mauli to pay upfront a sum of Rs 15 lakh to when signig a fresh interconnect agreement on 28 June at the office of the latter.

The vacation bench of Member B B Srivastava in its order had noted that Mauli had not denied the amount of Rs 33,27,944 but that the invoice had been raised only on 6 June 2016.

The Tribunal had directed that the balance would be paid within four weeks of its order.

Hathway told the Tribunal that it was providing the signals to Mauli for transmission, thereby answering the question raised by Mauli which had said it was not clear who the agreement was to be signed with.

July 12, 2016
Mauli Cable asked to pay Rs 15 lakh to Hathway at time of signing agreement

NEW DELHI: Mauli Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay upgront a sum of Rs 15 lakh to Hathway Cable and Datacom when signig a fresh interconnect agreement on 28 June at the office of the latter.

The vacation bench of Member B B Srivastava in its order of 24 June 2016 noted that Mauli had not denied the amount of Rs 33,27,944 but that the invoice had been raised only on 6 June 2016.

Listing the matter for 8 July 2016, the Tribunal said the balance would be paid within four weeks of its order.

The Tribunal noted that Mauli was prepared to visit the office of Hathway on 28 June 2016 for signing a new agreement. It also noted that counsel for Hathway said that a representative of Mauli who had earlier turned up for this purpose without any authority to sign the agreement.

Hathway told the Tribunal that it was providing the signals to Mauli for transmission, thereby answering the question raised by Mauli which had said it was not clear who the agreement was to be signed with.

June 27, 2016
Mauli Cable asked to pay Rs 15 lakh to Hathway at time of signing agreement

NEW DELHI: Mauli Cable Network has been directed by the Telecom Disputes Settlement and Appellate Tribunal to pay upgront a sum of Rs 15 lakh to Hathway Cable and Datacom when signig a fresh interconnect agreement on 28 June at the office of the latter.

The vacation bench of Member B B Srivastava in its order of 24 June 2016 noted that Mauli had not denied the amount of Rs 33,27,944 but that the invoice had been raised only on 6 June 2016.

Listing the matter for 8 July 2016, the Tribunal said the balance would be paid within four weeks of its order.

The Tribunal noted that Mauli was prepared to visit the office of Hathway on 28 June 2016 for signing a new agreement. It also noted that counsel for Hathway said that a representative of Mauli who had earlier turned up for this purpose without any authority to sign the agreement.

Hathway told the Tribunal that it was providing the signals to Mauli for transmission, thereby answering the question raised by Mauli which had said it was not clear who the agreement was to be signed with.

June 27, 2016
TDSAT asks Sun Distribution to reconnect signals to MSO on fifty per cent payment

NEW DELHI: Sun Distribution Services Pvt Ltd has been asked by vacation bench of the Telecom Disputes Settlement and Appellate Tribunal to reconnect the signals to the City Digital Network if it pays fifty per cent of the dues mentioned in the disconnection notice within a week.

Member B B Srivastava said the payment will be without prejudice to the rights and contentions of the parties.

Hearing the matter on 22 June 2016, the Tribunal fixed the matter for 18 July with the reply of Sun Distribution.

Meanwhile, both parties will meet at a convenient timein the Hyderabad office of the resoindent to resolve the issue over renewal of interconnect agreement.

June 25, 2016