NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has agreed to hear a review application by the Mumbai multi system operator (MSO) Home Systems Pvt Ltd on the report of the Broadcast Engineering Consultants (India) Ltd (BECIL) relating to a case between the petitioner and Star India.
However, TDSAT chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava said that Home Systems must make payment to Star India in terms of the previous order.
The payment will be subject to the final result of the review application, the Tribunal said while fixing the date for 4 March.
In its order, the Tribunal noted that, “Through the device of this review application, a fresh hearing is practically sought to be made on Home System’s objection to the BECIL reports.”
Though the Tribunal saw no reason to alter or modify its order of 21 January, it accepted the plea by Home Systems counsel J K Mehta to get more instructions in the matter. Mehta also stated that Hone Systems was willing to make payment to Star India in terms of the previous order “but it would not like to carry the stigma of the Tribunal’s observation that its operations were in contravention of statutory norms.”
While noting that it was not averse to hearing Mehta further “as we will not like any injustice to be caused by our order as the petitioner appears to be highly concerned about its credibility,” the Tribunal expressed the hope that BECIL counsel Rajiv Sharma would also be presented in the next hearing along with the author of the supplementary report of BECIL of 6 November last.