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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 ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the contract entered into with the Respondents, in pursuance of the agreements entered into with the Respondents, the Applicant laid fibre network by investing around ₹ 12Crore. As of now, out of 11,000 units, 3,000 connections are under use, if parallel network is allowed, the applicant would be put to huge loss without fault of the applicant. 4. The Applicant Counsel says that the Respondents, by showing a letter purported to have been issued by the District Magistrate under Disaster Management Act , to insinuate some other network parallel to the network of the applicant, if the Respondents permit somebody now, without complying the agreement terms, the applicant would be put to huge loss because applicant company has install ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e never notified it to the applicant that there is deficiency in the service the applicant providing. Instead of doing the same, the Respondents by showing of a letter written by District Magistrate under Disaster Management Act trying to opt for parallel services from other Service Providers ignoring the agreement and the huge investment put in by this Applicant Company. 9. The Applicant counsel has further stated that the financial debt claims pending against the Applicant Company is around ₹ 180Crore and operational debt is around ₹ 2.5Crore. If this business is arbitrarily taken away from this Applicant Company, this will have an adverse bearing over the Creditors looking for their money from the CIR Process. 10. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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