New Delhi: Dismissing it as not maintainable, the Telecom Disputes Settlement and Appellate Tribunal has noted that the petition that has been filed  by Fortune (Baroda) Network Pvt. Ltd., Gujarat, against Den Networks of which it is a joint venture.

Chairman Justice Aftab Alam and members Kuldip Singh and B B Srivastava noted that Den Networks held the majority share of 51 per cent in the joint venture company.

The petition had been filed by one Venus Patel who claimed to be the promoter director of the petitioner company.  There was no authorization by the Board of the petitioner company that has among its members also some nominee directors from Den. The petition was filed on the strength of an “authorization” signed by Venus Patel himself and one Kirti Bhai Patel who described themselves as promoter directors.

The Tribunal noted that: “It is evident that there is a dispute in regard to the control of the petitioner company. Both the nature of the real dispute and the manner in which this petition is filed render it not maintainable before the Tribunal”.

The Tribunal noted that earlier, one Jayesh Patel and some others filed a petition against Den and the present petitioner Fortune (Baroda) Network Pvt. Ltd and had been dismissed on 4 August last year. 

The present petition was filed for directions to Den to enter into the fresh subscription agreement for the y ear 2014-15 on reasonable terms and conditions with the petitioner for the DAS phase; immediately re-connect the signals of the petitioner; charge the petitioner at the rate of Rs.46 per STB as an interim measure as directed by the Tribunal in order dated 31 October 2013 and some other reliefs.