Regulators

Star India, Dhru Lucky settle case; TDSAT petition withdrawn

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NEW DELHI: The dispute between Dhru Lucky Enterprise Pvt Ltd and Star India about renewal of lapsed agreements has been resolved and the multi-system operator has withdrawn its petition in the Telecom Disputes Settlement and Appellate Tribunal.

Members B B Srivastava and A K Bhargava have dismissed the petition as withdrawn after counsel for both parties said the matter had been settled amicably.

Early last year, the Tribunal had asked Dhru to file an affidavit clarifying that it will not transfer its movable or immovable properties to anyone while its case against Star India is pending. This was done for clarifying the relationship of Dhru and GTPL Hathway.

Dhru Lucky had filed a petition in October 2014 against Star India seeking renewal of lapsed agreements. Subsequently, the Tribunal stayed disconnection notices issued to Dhru Lucky by its orders of 12 November and 18 November that year. Dhru thereafter received enjoyed signals within the areas mentioned in the lapsed agreements.

However, Star India alleged that Dhru had been resorting to rampant piracy. In an order of 16 April 2015, Dhru gave an undertaking that it would confine its operation within the areas mentioned in the lapsed agreements.

Subsequently, Star filed a contempt application against Dhru on the grounds that, in breach of the undertaking contained in order dated 16 April 2015, it went beyond the areas mentioned in the lapsed agreements.

Dhru was directed on 19 May 2015 to clearly explain on affidavit the circumstances under which it was operating in Vapi, which is beyond the areas mentioned in the lapsed agreements. Dhru had on 28 May 2015 told the Tribunal that it had assigned its network at Vapi and Daman to some other entity, and that, it no longer wishes to carry on with its MSO business.

Following that order, it was directed to file an affidavit as to its assignment to some other entity. On 17 July 2015, it filed another affidavit where Dhru mentioned that TDSAT had been apprised on 28 May 2015 about GTPL Hathway taking over Dhru's cable business in its entirety.

Star India, in response, pleaded that Dhru was indulging in piracy even on 23 July 2015. Subsequently, GTPL-Hathway was impleaded in the petition as it appeared that Dhru had assigned its business to the distributor.

TDSAT had on 1 March 2016 directed Dhru MD Sureshbhai Jagubhai Patel to be present in person. He was also directed to produce the instrument under which Dhru was said to have transferred its LCO business to GTPL-Hathway.

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