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9. Hence, the claim of the petitioner, if any, for recovery of distributorship dues is required to be filed and instituted before the TDSAT under Sections 14 read with 14A of the TRAI Act.

10. While interpreting the provisions of the TRAI Act, this Court in its judgment dated 30th July, 2009 passed in C.S. (OS) No.1358/2006 titled as "Hathway Cable & Datacom Pvt. Ltd. v. Banjara Telelinks Pvt. Ltd." adjudicated the similar issue between the respondent herein and one other service provider and thereby rejected the said suit filed by the respondent herein under Order VII Rule 11 CPC on the ground that it was barred by the provisions of Sections 14 and 15 of the TRAI Act and further observed as under:

13. The judgments Hathway Cable & Datacom Pvt. Ltd. (supra) and Aircel Digilink India Ltd. (supra) squarely apply to the facts of the present case and therefore, the present petition filed by the petitioner under the Act is not maintainable. In the facts of the present case where only the Special Act would prevail as by consent, the parties cannot exclude the statutory jurisdiction of the Court.

14. In view of the aforesaid facts and circumstances, the present petition filed by the petitioner is dismissed. However, liberty is granted to the petitioner to approach the TDSAT for the adjudication of the present dispute, if so desired.