TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL

NEW DELHI

 

DATED 3RD SEPTEMBER,2007

E.A..No.3 OF 2007

IN

PETITION No.40(C) OF 2004

 

M/s JSJ Cable Network                                                                       … Petitioner

Vs.

C-Bangalore, Hathway Cable & Datacom Communication                 …Respondent

 

BEFORE:

 

HON’BLE MR. JUSTICE  ARUN KUMAR,CHAIRPERSON

                              LT.GEN.D.P.SEHGAL(RETD.),MEMBER

 

 

For Petitioner

 

For Respondent

Mr.Tejveer Singh Bhatia,Advocate

 

Mr. Vibhav Srivastava,Advocate

 

 

 

ORDER

 

            This Execution Application has been filed by the petitioner based on our order dated 18.1.06 wherein we had ordered that the parties will enter into agreement and the respondent will supply signals to the petitioner and for receiving signals the petitioner will lay cable from its control room to the control room of the respondent.  The learned counsel for the respondent states that cable as directed by our order has not been laid by the petitioner. 

 

            We give one month's time to the petitioner to have its infrastructure ready and the cables be laid between the petitioner's control room to the respondent's control room located at Sanjay Nagar, on completion of which, the respondent will enter into agreement with the petitioner. 

 

            Learned counsel for the petitioner however, stated that the petitioner will not be able to get No Objection Certificate  from BESCOM unless an agreement is entered into between the parties.  To mitigate the problem of the petitioner, we direct the respondent to give certificate to the petitioner that it is willing to supply signals to the petitioner to facilitate the petitioner to get necessary No Objection Certificate from BESCOM so that it can lay the cable thereafter. 

 

            This Execution Application is disposed of with the above directions.

 

 

..….……………..J

(Arun Kumar)

  Chairperson 

 

 

 

……………….

(D.P.Sehgal)

Member