R.G. GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties for final disposal.

(2.) THE main question involved in this case is as to whether in view of Clause 3.2 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 ("Regulation" for short), petitioner can be compelled to supply Television Signals to the distributors of T.V. Channels -Cable Operators, with whom there is dispute inter alia with regard to the dues; on the purported ground of Law and Order problem or public interest.

(3.) MR . Kalyan Roy, appearing for the petitioner, submitted that there is no provision under which the petitioner is bound to provide T.V. Signals to the defaulting Cable Operators. If they had any dispute with regard to payment of the dues and other matters, they could approach the competent authority i.e. Telecom Disputes Settlement and Appellate Tribunal ("the tribunal" for short) but they moved the S.D.O. When the S.D.O. tried to mediate, they agreed to pay the dues but did not pay and now huge amounts are due from them.