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HC refuses to stay TRAI order on Nimbus
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New Delhi
Jan 22
The Delhi High Court today refused to stay the Telecom Regulatory Authority of India's (TRAI) order fixing Rs 37.25 as the bouquet price for Neo Sports and Neo Sports Plus, the Nimbus Communications channels.
Rejecting Nimbus's application, a Bench comprising Mr Justice Vikramajit Sen and Mr Justice J.P. Singh said: "We would be fully justified in relying on the wisdom of TRAI to contend that only Rs 37.25 should be charged."
They added: "In these circumstances, there would have been no irretrievable loss caused to the petitioner (Nimbus). The balance of convenience is not in their favour."
However, the court also said that if Nimbus's appeal filed before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) were successful, they would be entitled to recover their cost at the rate of Rs 58.50.
On January 11 the TRAI had directed the broadcaster to reduce its bouquet price to Rs 37.25 from Rs 58.50 in non-CAS areas and to price the channels at Rs 5 in CAS areas.
Nimbus had also challenged the TRAI's direction before the TDSAT on January 16; the issue comes up in February.
In its petition, Nimbus had contended that the TRAI cannot fix tariffs under Section 13 (2) of the TRAI Act.
They can only be fixed under Section 11(2), which gives the power to the regulator to fix prices, the broadcaster contended.
The company had also said that it was not given proper opportunity by the TRAI while fixing tariffs.
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