Small BusinessTDSAT says it alone can decide on Star-BSNL dispute
The telecom tribunal TDSAT has held that the ongoing arbitration between broadcast major Star India and telecom major BSNL is not valid and that it has the sole jurisdiction to decide on the disputes between the two.
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"We have arrived at a finding that the arbitral tribunal did not have any jurisdiction to enter into a reference...If that be so, there cannot be any doubt or dispute that only this tribunal will have jurisdiction to determine the dispute and not the arbitral tribunal," said the TDSAT.
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) bench headed by Justice SB Sinha also rejected BSNL"s submission and held that it has the jurisdiction to decide on a matter between a telecom operator and a broadcaster.
"We have no hesitation in holding that this tribunal has the jurisdiction to entertain the present petition," said the TDSAT.
The telecom PSU had contended since Star India is not a service provider under the TRAI Act and hence the sectoral tribunal has no jurisdiction to decide on the issue.
The tribunal"s direction comes over a petition filed by Star India, which has entered into an agreement with BSNL to provide content snippets, jokes from the comedy shows, dialogues from the popular tele-serials, and replay of celebrity chat shows aired on its channels.
Later some disputes arose between them and Star claimed Rs 1.3 crore from BSNL in damages for the period between December 2006 and March 2007.
As per their agreement, Star had started the arbitration process on April 13, 2009 and appointed an arbitrator.