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TMI Blog2020 (10) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... three separate "Indefeasible Right to use (I.RU) Capacity Agreements" with RI and R2 (one agreement on 10.05.2020 and other two agreements on 27.05.2020) to transmit various information, communications, entertainment services through its network to the end users staying in Wish town Noida and Jaypee Greens, Greater Noida. 2. In the said agreement, there are various clauses which state that, in case the Respondents herein have any grievances in relation to the services provided by the Applicant, Technical Committee shall be constituted to find out the problem. If any problem is identified as stated in the agreement, then the applicant shall rectify the same, if not, then only the Respondents are at liberty to allow third party, provided net ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... going CIR Process. 6. This application was served upon the Respondents on 01.10.2020. Thereafter notice was issued to the Respondents on 10.10.2020. But till date, the Respondents have neither filed any material paper before this Bench nor replied saying what has prompted them to proceed for parallel network, while the agreement between the Applicant and the Respondents is very much in force. 7. The Applicant counsel further submits that there is a lock-in period clause in the agreement stating that for 10 years from the date of agreement i.e. one agreement dated 10.05.2020 and other two agreements dated 27.05.2020, in view thereof, the Respondents shall remain locked-in by virtue of this clause. 8. The Applicant counsel says that in cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent by next date of hearing. 12. 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. 13. We are hopeful that at least by next date of hearing, these Responden ..... X X X X Extracts X X X X X X X X Extracts X X X X
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