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Sri Sivkami Amman Cable Tv System vs Mavis Satcom Ltd & Anr on 6 September, 2021

Author: Rekha Palli

Bench: Rekha Palli

                          $~32
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 9708/2021
                                 SRI SIVKAMI AMMAN CABLE TV SYSTEM ..... Petitioner
                                                    Through   Mr. Shubham Jain and Mr. Himanshu
                                                    Dhawan, Advs.

                                                    versus

                                 MAVIS SATCOM LTD & ANR.                  ..... Respondents
                                             Through   Mr. Sharath Sampath, Mr. Pratyaksh
                                             Sharma & Mr. Aditya Krishna, Advs. for R-1.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 06.09.2021 CM APPL. 29998/2021 (Exemption)

1. Exemptions allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 9708/2021 & CM APPL. 29960/2021 (stay)

3. The present petition has been filed by a Multi System Operator seeking the following reliefs:

i. Set aside the Disconnection Notice dated 06.08.2021. ii. Pass an Ex-parte ad-interim direction to Respondent No.1 to immediately reconnect the signals of the Petitioner.

iii. Direct Respondent No.1 to continue to supply its flawless signals to the Cable TV Network of the Petitioner. iv.Pass any other order as may deem fit to this Hon 'ble Court in the facts and circumstances of the present case and in the interest of the Petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been compelled to approach this Court, as the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) - where its Broadcasting Petition No.485 of 2021 preferred against the respondents for adjudication of the same issue is already pending, is presently not holding Court on account of non- availability of the Bench till 15.09.2021.

5. On the other hand, learned counsel for the respondent, who appears on advance notice, submits that pursuant to the disconnection notice dated 06.08.2021, the respondents have already disconnected the signals of the petitioner's channels on 28.08.2021. He, however, fairly submits that in case the petitioner was to pay a sum of Rs.13,34,092/- towards outstanding dues, the said respondent is willing to restore the petitioner's channels, without prejudice to its rights and contentions in the pending petition before the TDSAT.

6. In the light of the aforesaid stand taken by the parties, no further orders are called for in the present petition. The petition is disposed of by taking the statement made on behalf of the respondents on record. Needless to state, any payment made by the petitioner would be without prejudice to its rights and contentions in its pending petition before the TDSAT.

REKHA PALLI, J SEPTEMBER 6, 2021 acm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:07.09.2021 14:00:01