SHRISTI COMMUNICATION NETWORK Vs. TECHNOBILE SYSTEMS PVT. LTD.

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning orders dated 11.01.2019 and 07.05.2019 passed by the Telecom Disputes Settlement and Appellate Tribunal (hereafter 'TDSAT'). The said impugned orders are common orders passed in the batch of petitions preferred by respondent no.1 (hereafter 'TSPL'), under Sections 14 and 14A of the Telecom Regulatory Authority of India Act, 1997 (hereafter 'the TRAI Act').

(2.) By the impugned order dated 11.01.2019, TDSAT had listed the petitions filed by TSPL for final hearing on the relief regarding the return of Set Top Boxes (STBs) or value thereof. The said order was passed considering the petitioner's objections that the said relief was a final relief and could not be granted as an interim order. TDSAT accepted the said contention and decided to hear the matter in regard to the said relief finally. TDSAT further held that oral evidence was not required for deciding the controversy and permitted the parties to file further material by way of evidence on affidavit.

(3.) By the impugned order dated 07.05.2019, TDSAT, inter alia, allowed TSPL's claim for return of STBs and directed the petitioner to return 880 STBs within a period of two weeks and on failure to do so, pay compensation quantified at Rs.11,88,000/- within a period of further two weeks. TDSAT further held that in the event the said amount was not paid, the petitioner would be at liberty to initiate execution proceedings to realize the same with future interest at the rate of 9% per annum.