(iii) From a bare perusal of the report of learned Commissioner, it would appear that in 3 out of the 12 villages, petitioner has lost all subscribers. Even if the same is accepted to be correct from the month of August, 2010, it would, however, appear that the link operators, Stephi Cable, S.R. Cable, KS Cable & JF Cable who allegedly migrated from the network of petitioner had 728 subscribers, 415 subscribers, 126 and 352 subscribers respectively as would appear from the affidavits filed by the said cable operators, the subscriber base of petitioner has increased, fact having not been denied or disputed by petitioner. The subscriber base of the said cable operators being 1621, which if added to the actual subscriber base of petitioner of 2456 would clearly go to show that the total number of subscribers of petitioner were 4077, which clearly manifests that the negotiated subscriber base provided in the agreement dated 01.4.2010 being 3125 for Sun TV and 2500 for KTV must be held to be correct. If petitioner has been paying the feed charges in terms of the aforementioned subscriber base, it is idle to contend that it was not aware of the negotiated subscriber base.
