Arohon Cable Tv Network Ltd vs Sm Communication And Anr

Draft Issues have been filed on behalf of Respondent No.1 which are taken on record. Mr. Mohit Gulati, learned counsel appearing on behalf of the Petitioner submits that they intend not to file any draft Issues and the Issues involved in the matter are strikingly similar with the Issues involved in B.P.No.272 of 2022 and B.P.No.273 of 2022 and, thus, similar Issues may be framed in the instant matter.

Heard the parties and perused the record of the case, and in the light of the pleadings and material available on record of the case, the following Issues are settled:

ISSUES

i. Whether the instant petition is maintainable in its present form ?

ii. Whether the Petitioner is entitled to a decree for the amounts claimed in their respective petitions towards outstanding subscription charges ?

iii. Whether the Petitioner is entitled to a decree by way of recovery of STBs from the Respondents or in the alternative cost of such STBs and viewing cards from the Respondents as claimed in their respective petitions along with interest @ 18% p.a. from the date the amount became due and payable till its actual realization ?

iv. Whether the Respondents have used the equipment of Petitioner to run / carry digital cable TV signals in contravention of TRAI Regulations and, thus, liable to be returned from illegal swapping ?

v. Whether the Respondent No.2, a competing MSO, is providing signals to Respondent No.1 in contravention of the TRAI Regulations ?

vi. To what other relief / reliefs the Petitioner is entitled to ?

It was submitted on behalf of the Petitioner that they are ready with their evidence affidavits and, if permitted, shall be filing it during the course of the day. The time as prayed is allowed. The Respondents may file their evidence affidavits along with list of witnesses, if any, within four weeks from today. Let the matter be listed on 11th October, 2023 for "Directions."