This order directed the respondent not to disconnect the petitioner's signals pending a date of hearing, directed parties to negotiate agreement terms, and indicated petitioner's liability to pay tax.
Permission to withdraw the petition granted; petition dismissed as withdrawn and having become infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
6/7/2018
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI
DATED 3RD FEBRUARY,2006
PETITION No. 12(C) OF 2006
Perfect Cable Network …Petitioner Vs Star India Private Limited & Anr. …Respondents
BEFORE:
HON’BLE MR. JUSTICE N. SANTOSH HEGDE, CHAIRPERSON MR. VINOD VAISH, MEMBER LT.GEN.D.P.SEHGAL(RETD.),MEMBER
For Petitioner : Mr.Prabhat Kumar,Advocate For Respondent.No.1 : Mr.Prateek Jalan with Mr.Ashish Jha,Advocates
ORDER
Learned counsel for the petitioner submits that the dispute between the parties has been settled outside the Tribunal and, therefore, he seeks permission to withdraw the petition. Prayer granted. The petition is dismissed as withdrawn on having become infructuous.
….………………J (N. Santosh Hegde) Chairperson
…………….. (Vinod Vaish) Member
……………. (D.P.Sehgal) Member
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI
DATED 18TH JANUARY,2006
file:///E:/all%20judgement%20year%20wise/judgement%202006/Petition%20No.12(C)%20of%202006.htm
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TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
6/7/2018
PETITION No. 12(C) OF 2006
(With Caveat No.9683 of 2005)
Perfect Cable Network …Petitioner Vs Star India Private Limited & Anr. …Respondents
BEFORE: HON’BLE MR. JUSTICE N. SANTOSH HEGDE, CHAIRPERSON MR. VINOD VAISH, MEMBER LT.GEN.D.P.SEHGAL(RETD.),MEMBER
For Petitioner : Mr.Prabhat Kumar,Advocate For Respondent.No.1 : Mr.Prateek Jalan with Ms.Kanika Agnihotri, Mr.Sarvesh Singh and Mr.Ashish Jha,Advocates
ORDER
Notice. Ms.Kanika Agnihotri,learned counsel accepts notice on behalf of respondent no.1. Notice be issued to second respondent dasti in addition. Counter be filed within two weeks.
-2-
Rs.17,687.10 as amount due, the petitioner is only paying Rs.16,050/- i.e. minus the tax and hence the petitioner is at fault.
file:///E:/all%20judgement%20year%20wise/judgement%202006/Petition%20No.12(C)%20of%202006.htm
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TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
6/7/2018
….………………J (N. Santosh Hegde) Chairperson
…………….. (Vinod Vaish) Member
……………. (D.P.Sehgal) Member
file:///E:/all%20judgement%20year%20wise/judgement%202006/Petition%20No.12(C)%20of%202006.htm
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2 issues framed by the court
Whether petitioner is liable to pay tax on subscription amount.
Whether respondent can disconnect signals pending negotiation.
Perfect Cable Network
Star India Private Limited
N. Santosh Hegde
Vinod Vaish
D.P. Sehgal
As recorded by the court registry
A petition before the Telecom Disputes Settlement and Appellate Tribunal in a broadcasting or cable-distribution dispute.
Judgements on the same questions, provisions and authorities, from every court
