Thursday, 23 April 2015

TDSAT rejects Star India's applications against Indusind, Goldstar

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has rejected four miscellaneous applications of Star India relating to five cases against it to the effect that an endorsement made by the petitioners at the end of agreements left ‘the door open to the petitioners to walk out of any clause.’
Four petitions had been filed by Indusind Media and one by Goldstar Noida Network Pvt. Ltd., U.P.
Star India Pvt. Ltd. Counsel Salman Khurshid said that while executing the interconnect agreement in pursuance of the order passed by the Tribunal, the petitioners made the endorsement that the execution on its behalf was “without prejudice.” He said the whole agreement was put in a state of uncertainty because of the endorsement at the bottom of the agreement.
However, counsel Vandana Jaisingh for the petitioners stated that the endorsement “without prejudice” relates only to the 15 per cent increase in the subscription fee and to no other clause in the agreement, including the clauses relating to the additional areas.
It was made clear in the order by which the two sides were directed to execute the agreement that the 15 per cent increase in subscription fee will be subject to the result of a petition pending before the Tribunal. In any view, therefore, the endorsement “without prejudice” is redundant, she said.
TDSAT chairman Aftab Alam and member Kuldip Singh said in the order that no further directions need be passed in these applications in view of the clarification made by Jaisingh.


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