TELECOM
DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
M.A.No.3 of 2007
IN
PETITION No.14(C)
OF 2006
Megha
Channel …Petitioner
Vs
SET
Discovery India Pvt. Limited
…Respondent
BEFORE:
HON’BLE MR. JUSTICE ARUN KUMAR,
CHAIRPERSON
MR.
VINOD VAISH, MEMBER
LT.GEN.D.P.SEHGAL(RETD.),MEMBER
|
For
Petitioner |
: |
Mr.Navin
Chawla,Advocate |
|
For
Respondent |
: |
Mr.Aditya
Narain,Advocate |
|
|
|
|
O R D E R
By this application the petitioner has sought restoration of the main petition which was dismissed on 11.12.2006. In the application, the petitioner has given certain grounds for non appearance of the petitioner who was appearing in person on the last date of hearing. Normally we would have restored the petition on the ground stated in the petition. However, the facts of the present case show that there is no need to restore the petition. In this petition, the only prayer of the petitioner is for a direction to the respondent to forthwith restore the signals of TEN SPORTS channel to the petitioner. The petitioner has himself stated that he has closed down his business and this statement is not disputed even today. Therefore, when the business itself has been closed down, there can be no case for restoration of the signals. Counsel for the respondent submits that large amounts are due to the respondent from the petitioner for which the respondent has filed a separate petition for recovery. The only grievance in this petition as per the prayer clause was for restoration of signals for which there is no cause of action today. Keeping the prayer in the petition in view, we do not consider this to be a fit case for restoration of the petition. Accordingly, this petition is dismissed. If the petitioner has any other grievance, he may agitate the same in accordance with law.
..……………..J
(Arun Kumar)
Chairperson
...…………….
(Vinod Vaish)
Member
……………….
(D.P.Sehgal)
Member