New Delhi:  Telecom tribunal TDSAT has restrained state-run BSNL from disconnecting Bharti Airtel from its network in J&K circle.

Passing an interim order, tribunal said Bharti Airtel has made out a "triable issue" and "prima facie" established its case before it.

BSNL had issued a notice for disconnecting to Airtel from its network on July 7 this year over a cable damage dispute.

Operators dig earth during while laying cables and during the process cables laid by the other operators sometimes get damaged.

Bharti Airtel had admitted before TDSAT that it has caused damages to BSNL's cable at three places. However, it said that BSNL's demand was exaggerated.

The tribunal said if BSNL is allowed to disconnect the point of interconnections of Bharti Airtel then "not only the petitioner (Airtel) but also its subscribers may suffer substantial injury".

"The balance of convenience also lies in favour of Airtel in as much as in the event this petition is ultimately dismissed, BSNL can be monetarily compensated by directing it to pay the demanded amount together with interest," said the TDSAT bench headed by its Chairperson Justice SB Sinha.

Meanwhile, the tribunal also asked Airtel to pay Rs three lakhs to BSNL, the liability admitted by it for PSU's cable damage before TDSAT, within a week.


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