High Court of DelhiW.P.(C)/6630/2018

M/S Svs Communications v. Hathway Digital Private Limited & ANR

2018-06-20Hon'Ble Mr. Justice Navin Chawla2 pages

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6630/2018 & CM 25286/2018 M/S SVS COMMUNICATIONS ..... Petitioner Through:

Mr. Vikram Singh, Adv.

versus HATHWAY DIGITAL PRIVATE LIMITED & ANR ..... Respondents Through:

Mr. Jayant K Mehta along with Mr.Shubhankar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.06.2018 This petition has been filed by the petitioner inter alia challenging the Public Notice dated 24th May, 2018 and the Letter-Notice dated 22nd May, 2018 issued by the respondent No.1, whereby it has threatened to disconnect the T.V. signals of the petitioner on the ground of outstanding subscription amount of Rs.4,98,430/- and for non-signing of the Interconnect Agreement. The petition has been filed as the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which is a statutory Tribunal vested with the jurisdiction to hear such petitions, is not holding court due to summer vacation and the petition filed by the petitioner before the same has not been listed in spite of mentioning.

It is the case of the petitioner that the petitioner has already executed an Interconnect Agreement with the respondent which is valid till December, 2018 and in accordance thereof, the petitioner owes an amount of approximately Rs.1,50,000/- to the respondents, which the petitioner is

willing to pay with immediate effect.

Learned counsel for the respondents disputes both the above submissions. He submits that the petitioner has not executed an Interconnect Agreement and dues, as claimed by the respondents in its Impugned Notice, is correct.

Be that as it may, as the petition is stated to be listed for hearing before the TDSAT on 09th July, 2018. The respondent is restrained from in any manner giving effect to its Impugned Notice till the said date, subject to the petitioner depositing a sum of Rs.3,00,000/- with the respondent within a period of one week from today.

Such deposit and acceptance thereof shall be without prejudice to the rights and contentions of the parties. The petitioner shall also pay the admitted amount of monthly subscription fee.

With the above directions, the present petition is disposed of with no order as to cost. This order shall not, in any manner, influence the TDSAT while adjudicating the petition before it on its own merit. Dasti.

NAVIN CHAWLA (VACATION JUDGE) JUNE 20, 2018 Pallavi