Delhi High Court - Orders
Siti Networks Limited vs Rakesh Cable Network & Anr on 8 September, 2021
Author: Rekha Palli
Bench: Rekha Palli
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9852/2021 & CM APPL. 30333/2021 (interim direction)
SITI NETWORKS LIMITED ..... Petitioner
Through Ms.Ritwika Nanda & Ms.Akshita
Salampuria, Adv.
versus
RAKESH CABLE NETWORK & ANR. ..... Respondents
Through Mr.Vibhav Srivastava, Adv. for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 08.09.2021
CM APPL. 30334/2021
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 9852/2021 & CM APPL. 30333/2021 (interim direction)
1. The petitioners, who claim to be Multi-System Operators, have 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 petitioners.
2. Learned counsel for the petitioners submits that before taking any such action against the petitioners, the respondent no.1 was required to issue a notice to the petitioners under the Interconnection Regulations and the Interconnection Agreement entered into between the parties which the respondent no.1 has failed to do. She further Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:09.09.2021 17:59:57 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.
3. 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.
4. In light of the aforesaid, the writ petitions are disposed of by directing that till the petitions stated to have been preferred by the petitioners 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.
5. 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 petitioners' pending petitions.
REKHA PALLI, J SEPTEMBER 8, 2021 kk Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:09.09.2021 17:59:57