Tdsat dismisses IMCL plea on reconnection order

Starts 3rd October

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Tdsat dismisses IMCL plea on reconnection order

NEW DELHI: The Telecom Disputes Settlement Appellate Tribunal has dismissed a plea from Indusind Media Communications Ltd regarding the tribunal‘s 29 April order appointing Meet Malhotra as a court commissioner to implement the tribunal‘s order for Sai Ganesh Enterprises to reconnect IMCL signals.

The tribunal, hearing the arguments of the IMCL counsel, stated that its previous order is clear enough and will be implemented as ordered. It asked IMCL not to delay in implementing the previous order and let the process start, as the commissioner had been appointed only on 29 April.

 
On 24 April Tdsat had passed an interim order asking four IMCL distributors in Mumbai, who had switched off the latter‘s feed to some 10,000 direct points and 110 franchisees, to "reconnect IMCL feed forthwith".

The tribunal had found prima facie that the disconnections had not been done in a legal manner and no valid notice had been issued before disconnecting, and hence the interim order.

However, IMCL had on 29 April complained to the tribunal that of the four, Sai Ganesh Enterprise had not complied with the order and the former had filed a petition of contempt and pleaded for the appointment of a court commissioner.

Tdsat had then appointed senior lawyer and former Trai counsel Meet Malhotra as the commissioner and said that it would be his responsibility to visit the premises of Sai Ganesh and implement the reconnection order.

However, IMCL had filed a plea asking for a clarification of this order ensuring that the subscriber actually gets the IMCL feed.

To this the tribunal said that there was no further need for any explanation and the court commissioner would have to implement the order.