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    Jai Bharat Cable Network v. Star India Pvt. Ltd. .

    1. Heard learned counsel for the petitioner and learned counsel for the respondent. Petitioner had a fixed fee interconnect agreement with the respondent which was valid from 1.7.2017 to 30.6.2018. We have been shown a letter from the petitioner to the respondent praying for conducting an audit and for reduction of the fee. Thereafter the parties have entered into a fresh agreement dated 24.12.2018 which came into effect from 29.12.2018 and has not been altered by the parties so far.

    2. Petitioner's grievance is that from July 2018 till 29.12.2018, he has been charged and has paid on the basis of rates in the agreement of 2017 whereas that should have been reduced in view of protest of the petitioner that the fees required reduction.

    3. For the period between the two agreements, the petitioner ought to have approached this

    4. Tribunal before signing of the new agreement or else its claims, this should have been reserved in the agreement of December 2018. Since neither of these courses were adopted by the petitioner, we are not persuaded to examine the justification of fees under the old agreement of 2017 which has already expired after being acted upon by the parties.

    5. The petition is, therefore, dismissed. However, no cost is imposed. The parties will be free to enter into a fresh agreement as required under the Regulations of 2017 in accordance with law.

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    Jai Bharat Cable Network v. Star India Pvt. Ltd. .
    (Feb 7, 2019)