TDSAT directs Sun will continue signals to CK Cable but asks MSO to pay Rs 19.25 lakh

NEW DELHI: Even as it said that the protection granted regarding the supply of signals shall continue, the Telecom Disputes Settlement and Appellate Tribunal directed CK Cable Network Pvt Ltd to make an on account payment of Rs 19,25,000 to Sun Distribution Services Pvt. Ltd within a period of three weeks from the date of order.

Member B B Srivastava said that in addition the MSO will continue to pay the monthly subscription fee at the rate of Rs 3 lakh per month against invoices raised by Sun Distribution on the basis of agreement for the month of August 2016 and onwards till the final disposal of the matter.

Listing the matter for 28 September 2016, the Tribunal in its order of 12 August 2016 said these payments would be without prejudice to the rights and contention of either parties; and shall be subject to final decision of the Tribunal.

The Tribunal also directed that the MSO would provide a list of operators who were with him till September 2015 as well as the list of operators who have left his network till date along with the dates when they left. Similarly, the reduction in the number of subscribers with regard to each operator shall also be indicated. This shall be furnished By CK Cable to Sun Distribution within three weeks from the date of order.

On receipt of the list, Sun Distribution will immediately communicate the date and time for joint survey to the petitioner and the same would be concluded not later than three weeks from the date of receipt of the list.

During arguments, Sun Distribution counsel Abhishek Malhotra claimed that the MSO owed Rs 38,47,855.21 but this was contested by CK Cable counsel V Deenadayalan who has that the amount payable was only Rs 5,44,390.68.

The miscellaneous application had been filed by Sun Distribution on the ground that it had followed the earlier order of the Tribunal and continued to supply signals, the MSO had defaulted.

Deenadayalan drew the attention of the Tribunal to the order dated 1 June 2016 whereby it was clearly directed that since the respondent had not agreed to the reduction in the number of connections shown in the tabular chart handed over by the petitioner and there was a need for joint survey, the two sides will carry out a joint survey on a date and time indicated by the respondent to the petitioner. It was also clarified that the responsibility to initiate and conclude the joint survey will rest solely with Sun Distribution.

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