DEORA CABLE NATWORKS Vs. DEN NETWORK LTD

JUDGEMENT

(1.) The instant writ petition under Article 227 of the Constitution of India has been filed challenging the Order dtd. 13/9/2023 passed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

(2.) The Respondent herein is a Cable Television Distribution/Multi-System Operator in India. The Petitioner herein is a registered Local Cable Operator and is authorized to carry business as a Cable Operator. The Respondent has a licence to re-transmit the digital cable TV signals of various broadcasters in the territory in which the Petitioner operates and the Petitioner receives signals of television channels and transfer the same through its cable television network to the subscribers.

(3.) An Interconnection Agreement was executed between the Petitioner and the Respondent on 8/8/2013. On 26/2/2020, the Respondent, which has a licence to re-transmit the digital cable TV signals of various broadcasters in the territory in the Petitioner operates, issued a Legal Demand Notice for a sum of Rs.15,55,222.00. Since the amount was not paid by the Petitioner, the Respondent filed a recovery petition before TDSAT, New Delhi for recovery of the said amount and for the return of 778 Set Top Boxes (STBs). Issues were framed and evidence by way of affidavits has been filed by both the Petitioner and the Respondent. It is stated that when the matter was listed for filing of written arguments, the Respondent filed an application under Order VII Rule 14(3) seeking permission to file some additional documents, which are: (1) Copy of the Inventory List of STBs issued by the Respondent herein to the Petitioner herein; (2) Copy of the Order Request Form cum Receipt 'ORFR' for STBs; (3) Copy of the TRAI Letter dtd. 13/12/2013 and the Reply on behalf of the Petitioner therein dtd. 27/12/2013; (4) Copy of the Certificate under sec. 65-B of the Indian Evidence Act, 1872; and (5) Copy of Board Resolution in favour of Mr. Vikas Rawat.