Tag: petition

  • Petition against Den rejected as TDSAT notes petitioner is a joint venture of the MSO

    Petition against Den rejected as TDSAT notes petitioner is a joint venture of the MSO

    New Delhi: Dismissing it as not maintainable, the Telecom Disputes Settlement and Appellate Tribunal has noted that the petition that has been filed  by Fortune (Baroda) Network Pvt. Ltd., Gujarat, against Den Networks of which it is a joint venture.

    Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava noted that Den Networks held the majority share of 51 per cent in the joint venture company.

    The petition had been filed by one Venus Patel who claimed to be the promoter director of the petitioner company.  There was no authorization by the Board of the petitioner company that has among its members also some nominee directors from Den. The petition was filed on the strength of an “authorization” signed by Venus Patel himself and one Kirti Bhai Patel who described themselves as promoter directors.

    The Tribunal noted that: “It is evident that there is a dispute in regard to the control of the petitioner company. Both the nature of the real dispute and the manner in which this petition is filed render it not maintainable before the Tribunal”.

    The Tribunal noted that earlier, one Jayesh Patel and some others filed a petition against Den and the present petitioner Fortune (Baroda) Network Pvt. Ltd and had been dismissed on 4 August last year. 

    The present petition was filed for directions to Den to enter into the fresh subscription agreement for the y ear 2014-15 on reasonable terms and conditions with the petitioner for the DAS phase; immediately re-connect the signals of the petitioner; charge the petitioner at the rate of Rs.46 per STB as an interim measure as directed by the Tribunal in order dated 31 October 2013 and some other reliefs.

  • Petition against Den rejected as TDSAT notes petitioner is a joint venture of the MSO

    Petition against Den rejected as TDSAT notes petitioner is a joint venture of the MSO

    New Delhi: Dismissing it as not maintainable, the Telecom Disputes Settlement and Appellate Tribunal has noted that the petition that has been filed  by Fortune (Baroda) Network Pvt. Ltd., Gujarat, against Den Networks of which it is a joint venture.

    Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava noted that Den Networks held the majority share of 51 per cent in the joint venture company.

    The petition had been filed by one Venus Patel who claimed to be the promoter director of the petitioner company.  There was no authorization by the Board of the petitioner company that has among its members also some nominee directors from Den. The petition was filed on the strength of an “authorization” signed by Venus Patel himself and one Kirti Bhai Patel who described themselves as promoter directors.

    The Tribunal noted that: “It is evident that there is a dispute in regard to the control of the petitioner company. Both the nature of the real dispute and the manner in which this petition is filed render it not maintainable before the Tribunal”.

    The Tribunal noted that earlier, one Jayesh Patel and some others filed a petition against Den and the present petitioner Fortune (Baroda) Network Pvt. Ltd and had been dismissed on 4 August last year. 

    The present petition was filed for directions to Den to enter into the fresh subscription agreement for the y ear 2014-15 on reasonable terms and conditions with the petitioner for the DAS phase; immediately re-connect the signals of the petitioner; charge the petitioner at the rate of Rs.46 per STB as an interim measure as directed by the Tribunal in order dated 31 October 2013 and some other reliefs.

  • Petition challenging TRAI tariff on DAS to be heard on 8 December

    Petition challenging TRAI tariff on DAS to be heard on 8 December

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear the petition by the Indian Broadcasting Foundation (IBF) challenging the DAS tariff order issued in July by the Telecom Regulatory Authority of India (TRAI) relating to commercial subscribers on 8 December.

    The matter was to be heard in the Tribunal on 5 December but was pushed for next week because the bench was busy dealing with another part-heard case.

     In the last hearing in October, Counsel Abhishek Malhotra, who represents the IBF, had wanted time to file a rejoinder to the reply filed by TRAI following a notice in this regard in September.

     In the tariff order, TRAI had said commercial establishments, who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities, are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes, the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.

     TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • Hearing on Kantar petition adjourned till 11 July

    Hearing on Kantar petition adjourned till 11 July

    MUMBAI: The Delhi High Court today adjourned hearing on a petition by Kantar Market Research Services challenging the government’s cross-shareholding norm for television rating agencies till 11 July.

     

    The court had earlier stayed operation of the cross-shareholding norm till the case is disposed of. And in accordance with the court’s directive, TAM Media Research, which is jointly owned by Kantar and Nielsen, last month applied to the Ministry of Information & Broadcasting for its registration as a television ratings service.

     

    The cross-shareholding norm, which came into effect from 15 February, debars shareholders owning more than 10 per cent of a television rating agency from having stakes in broadcasters and advertising agencies.

     

    TAM has also been allowed to continue publishing its television ratings till the court decides on the Kantar petition.

     

    Kantar had today sought adjournment of the case to April but the court decided to have the next hearing only in July.

     

    The election commission on Wednesday announced the dates for the 9-phase polling for Lok Sabha elections and the results would be announced on May 16.

     

    With the announcement of the election schedule, the election code of conduct came into effect which bars governments from taking any policy decisions.

  • IBF petition to prevent delay in digitisation to be heard on 30 April

    IBF petition to prevent delay in digitisation to be heard on 30 April

    NEW DELHI: The Supreme Court has listed a petition for 30 April by the Indian Broadcasting Foundation (IBF) seeking to ensure that digitisation is implemented as scheduled and without hindrance.

    The case had been listed for the last two days but could not be heard because of pending business. On mention by counsel for the petitioner, the case was listed for hearing on the last day of the month.

    When the special leave petition had been mentioned before the Court on 16 April, it had declined the prayer to stay any of the proceedings in the various High Courts as it was informed that the Karnataka High Court judgment on the subject was due. The bench presided over by Chief Justice Altamas Kabir therefore felt it would await the judgment of the High Court before taking up the matter.

    The Karanataka, Gujarat and Allahabad High Courts have since dismissed as having no merit to the petitions seeking extension of the switch-off dates for Phase II of digitisation in Bengaluru, Mysore, Ahmedabad, Rajkot, Surat, Vadodara, Agra, Allahabad, Ghaziabad, Kanpur, Lucknow, Meerut and Varanasi.

    Petitions challenging digitisation are currently pending in the Madras, Andhra Pradesh and Madhya Pradesh High Courts. These affect the cities of Chennai, Hyderabad, Visakhapatnam Bhopal, Indore, and Jabalpur.