TDSAT questions Dhru Lucky about relationship with GTPL Hathway, restrained from transfering any property

NEW DELHI: Dhru Lucky Enterprise Pvt Ltd (Dhru) was today asked by the Telecom Disputes Settlement and Appellate Tribunal 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. Chairman Aftab Alam and member B B Srivastava asked Dhru representative Sureshbhai Jagubhai Patel to file the affidavit by this evening clarifying the relationship between Dhru and GTPL Hathway. This was a precondition to dispense with his personal appearance.

After he filed the affidavit as directed by today evening, the tribunal listed the matter to come up on 4 May and exempted him from personal appearance.  Star India was represented by Counsel Arjun Natarajan and Dhru by counsel Upender Thakur.

Dhru had filed a petition in October 2014 against Star India seeking renewal of lapsed agreements. Subsequently, the tribunal stayed disconnection notices issued to Dhru  by its orders of 12 November and 18 November that year. Dhru thereafter received 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 ground that, in breach of the undertaking contained in order dated 16 April 2015 and it went beyond the areas mentioned in the lapsed agreements.

Dhru was directed on 19 May last year to clearly explain on affidavit the circumstances under which it was operating in Vapi, which is beyond the areas mentioned in th lapsed agreements.

The tribunal on 28 May last was told by Dhru that it has 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, it filed another affidavit where Dhru mentioned that TDSAT had been apprised on 28 May 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. 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 this year directed the Dhru’s 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. However, Patel did not turn up on the next date as it was submitted on behalf of Dhru that Patel was now president of District Panchayat, Daman, and had no control over the activities of Dhru.

However, the Tribunal directed on 28 March that Patel should be present in person along-with documents on 18 April. Patel was present yesterday and today and the matter was heard on both days.



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