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Delhi High Court - Orders

Siti Networks Limited vs Shokeen Cable & Anr on 3 September, 2021

Author: Rekha Palli

Bench: Rekha Palli

                          $~25, 26 & 28
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 9525/2021 & CM APPL.29521-22/2021
                                SITI NETWORKS LIMITED                        ..... Petitioner
                                                 Through     Ms.Ritwika Nanda with Ms.Akshita
                                                 Salampuria, Advs.
                                                  versus
                                SHOKEEN CABLE & ANR.                    ..... Respondent
                                            Through  Mr.Vibhav Srivastava, Adv for R-2.
                          +     W.P.(C) 9541/2021 & CM APPL.29549-50/2021
                                SITI NETWORKS LIMITED                         ..... Petitioner
                                                 Through     Ms.Ritwika Nanda with Ms.Akshita
                                                 Salampuria, Advs.
                                                  versus

                                GAURAV CABLE NETWORK & ANR.           ..... Respondent
                                            Through Mr.Vibhav Srivastava, Adv for R-2.

                          +     W.P.(C) 9563/2021 & CM APPL.29591-92/2021
                                SITI NETWORKS LIMITED                         ..... Petitioner
                                                 Through     Ms.Ritwika Nanda with Ms.Akshita
                                                 Salampuria, Advs.

                                                  versus

                                SAI SAGAR CABLE TV NETWORK & ANR. ..... Respondent
                                               Through Mr.Vibhav Srivastava, Adv for R-2.
                                CORAM:
                                HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 03.09.2021

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 Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21 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 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 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 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 3, 2021 sr Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:04.09.2021 14:50:21