Delhi High Court - Orders
Siti Networks Limited vs Tarini Sky Vision & Anr on 9 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9921/2021 & CM APPL. 30578/2021, CM APPL.
30579/2021
SITI NETWORKS LIMITED
..... Petitioner
Through Ms. Ritwika Nanda and Ms. Akshita
Salampuria, Advocates for Petitioner ( SITI
Networks Ltd.)
versus
TARINI SKY VISION & ANR.
..... Respondent
Through Mr.Vibhav Srivastava, Adv. for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 09.09.2021 CM APPL. 30579/2021
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of.
CM APPL. 9921/2021 & CM APPL. 30578/2021 (interim direction)
3. The petitioner, which claims to be Multi-System Operator, has approached this Court being aggrieved by the action of respondent no.1 for proceeding to disconnect and swap the Set Top Boxes and Viewing Cards of the petitioner.
4. Learned counsel for the petitioner submits that before taking any such Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:10.09.2021 14:43:08 action against the petitioner, the respondent no.1 was required to issue a notice to it under the Interconnection Regulations and the Interconnection Agreement entered into between the parties, which the respondent no.1 has failed to do. She further submits that aggrieved by the action of respondent no.1, the petitioner has already approached the TDSAT by way of an appropriate petition, but the same is not likely to be taken up in the near future as the said Tribunal is not holding Court till 14.09.2021.
5. Despite advance service on the email provided in the invoices, none appears for respondent no. 1. Learned counsel for respondent no. 2, who appears on advance notice, does not deny the fact that the TDSAT is not holding Court till 14.09.2021.
6. In light of the aforesaid, the writ petitions are disposed of by directing that till the petitions stated to have been preferred by the petitioner before the TDSAT are taken up for consideration, the respondent no. 1 will remain restrained from further swapping or disconnecting any Set Top Boxes and viewing cards of the petitioner.
7. Needless to state, this Court has not expressed any opinion on the merits of the claims raised in the petitions. It is further made clear that this order will merge with any order passed by the TDSAT in the petitioner's pending petitions.
REKHA PALLI, J SEPTEMBER 9, 2021/acm Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:10.09.2021 14:43:08