Ccn Digital India vs Star India Pvt. Ltd

Admit. No notice need be issued because Mr. Kunal Tandon, Advocate has appeared on behalf of respondent on advance notice.

After hearing the parties at some length on the issue of interim relief sought by the petitioner, it is found that respondent gave effect to the impugned

notice of disconnection dated 2.12.2021 only when no firm date for holding audit came from the petitioner. Hence, respondent issued another letter of

24.12.2021 informing the petitioner that they are disconnecting the signals of their channels.

However, after disconnection petitioner appears to have realised its inaction and shortcoming in holding the audit and immediate steps appear to have

been taken resulting into an audit which was held from 27 to 29 December 2021 for the period June 2020 to 29 December 2021.

Copy of the audit report was shared with the respondent on 6.1.2022 and has been brought on record through a Miscellaneous Application filed on

the same date.

Now, when the audit by an empanelled auditor has taken place, it will open for the respondent to scrutinise the audit report carefully and place its

girevances before the petitioner seeking redressal in terms of the regulations and the law. If there is something of unusual significance in the audit

report warranting immediate action, respondent will be at liberty to file an appropriate application.

With that liberty, the interim relief sought by the petitioner is allowed at this stage by directing the respondent to resume supply of its signals to the

petitioner forthwith, preferably within 24 hours. This order will be subject to further orders that may be passed in this petition. It will be open for the

respondent to file a reply or short reply within 10 days. Rejoinder, if required may be filed within 10 days thereafter.

Post the matter under the head “for directionsâ€​ on 10.2.2022.