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2020 (10) TMI 1316 - NATIONAL COMPANY LAW TRIBUNAL PRINCIPAL BENCHInsinuation of some other network parallel to the network of the applicant - Disaster Management Act - HELD THAT:- Since the Respondents though opportunity was given to them, for not having come forward to say what is the material available with them to show that this Applicant company has not provided proper services (technical incapability) to them, we are constrained to restrain these two Respondents not to proceed to have services from other networks at least until the next date of hearing - For having the Respondents cited DM's letter as a cause to avail parallel services, the Applicant is directed to add the respective authority as third Respondent by next date of hearing. The Applicant counsel submits that it is not that other service providers are not able to use the service of this network, any service provider can use the fibre network laid by the Applicant company, if the applicant network is incompatible to the services other service providers intend to provide, then the Respondents have to ascertain incompatibility of the network of the applicant and then ask the applicant to set it right, if not, then only to proceed for parallel services. Bypassing this aspect will be not only the violation of terms and conditions of the agreements but also deprivation of the business of the Applicant Company. List this application on 20.11.2020.
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