Delhi High Court - Orders
Siti Networks Limited vs Saini Cable Network & Anr on 2 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~32 & 33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9452/2021 & CM APPL. 29341/2021 (interim direction)
SITI NETWORKS LIMITED ..... Petitioner
Through Ms.Ritwika Nanda, Adv.
versus
SAINI CABLE NETWORK & ANR. ..... Respondents
Through
+ W.P.(C) 9454/2021 & CM APPL. 29344/2021 (interim direction)
SITI NETWORKS LTD. ..... Petitioner
Through Ms.Ritwika Nanda, Adv.
versus
ASHRAM CABLE NETWORK & ANR. ..... Respondents
Through
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 02.09.2021 CM APPL. 29342/2021 in W.P.(C) 9452/2021 and CM APPL. 29345/2021 in W.P.(C) 9454/2021
1. Exemptions allowed, subject to all just exceptions.
2. The applications are disposed of.
W.P.(C) 9452/2021 & W.P.(C) 9454/2021
1. The petitioner, who claims to be a 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 Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:03.09.2021 18:01:05 Viewing Cards of the petitioner.
2. Learned counsel for the petitioner submits that before taking such action against the petitioner, the respondent no.1 was required to issue a notice to the petitioner 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 as, in the near future, the said Tribunal is not holding Court till 14.09.2021.
3. Despite service none appears for respondent no. 1. Learned counsel for respondent no. 2, who appears on advance notice, does not dispute that the TDSAT is not holding Court till 14.09.2021.
4. In the light of the aforesaid, the writ petition is disposed of by directing that till the petition stated to have been preferred by the petitioner before the TDSAT is taken up for consideration, the respondent no. 1 will remain restrained from further swapping or disconnecting any Set Top Box and viewing cards of the petitioner.
5. Needless to state, this Court has not expressed any opinion on the merit of the claims raised in the petition. It is further clarified that this order will merge with any order passed by the TDSAT in the petitioner's pending petition.
REKHA PALLI, J SEPTEMBER 2, 2021/kk Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:03.09.2021 18:01:05