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Haryana MSO petition against Star India dismissed by TDSAT for non-prosecution
NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal has dismissed a petition by K R Cable Network, Haryana, against Star India for non-prosecution as no step was taken by the Haryana MSO to follow up on the case.
The Tribunal noted that the matter was at a stage where the Haryana MSO was required to adduce its evidence on affidavit. However, despite repeated opportunities given to it, no evidence is filed.
The Tribunal said that from the order sheet, it appeared that on a number of dates no one appeared for the petitioner. Thus it was “clear that after having filed the petition, the petitioner has lost interest in the matter.”
Star India counsel Shilpa Gupta stated that the filing of the petition was an abuse of the process of law in as much as in the petition the petitioner claimed a much larger area than the area expressly defined in the interconnect agreement between the parties.
In case Star India has any claim against the petitioner, the Tribunal said it will be open to it to seek its remedy in accordance with law.
