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TDSAT asks HT Media, MIB to conclude settlement in 2017 FM dispute

Tribunal posts Rs 1.08 crore CTI refund case for hearing on September 11

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MUMBAI: After nearly nine years of legal airwaves, the tribunal is hoping the two sides can finally tune into the same frequency. The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed HT Media Ltd and the Ministry of Information and Broadcasting (MIB) to conclude their ongoing settlement discussions in a long-pending dispute over the refund of Rs 1.08 crore, while listing the matter for further hearing on 11 September.

The case came up before Justice Ram Krishna Gautam, with the tribunal recording that both parties informed the bench that efforts to resolve the dispute through settlement were currently underway.

Taking note of the submissions, TDSAT directed the parties to complete the settlement exercise before the next hearing. The tribunal also instructed the respondent to file any written submissions on the same day and provide a copy to the petitioner.

The dispute dates back to 2017, when HT Media filed Broadcasting Petition No. 86 of 2017, seeking a refund of Rs 1.08 crore deposited as advance capital for Common Transmission Infrastructure (CTI) for its FM radio station in Kolkata.

Apart from the refund, the media company has sought 18 per cent interest on the amount, along with payment of any outstanding dues after adjusting sums already paid and any liabilities, if applicable.

The case stems from three agreements executed in connection with the Kolkata FM station namely the Grant of Permission Agreement (GOPA), Project Management Agreement (PMA) and Consulting & Professional Services Agreement (CPSA).

TDSAT admitted the petition on 28 March 2017, issued notice to the Ministry and directed the respondents to file their replies. Since then, the matter has gone through pleadings and evidentiary stages but has remained pending before the tribunal for several years.

The latest order suggests both parties are attempting to resolve the dispute outside the courtroom before the tribunal proceeds with adjudication. If the settlement talks succeed, the nearly decade-old broadcasting dispute could finally draw to a close without the need for a final judicial determination.

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