Gtpl Hathway Ltd vs Priya M Gor And Anr

Heard learned counsel for petitioner and Mr. Pravin Jethalal Machhar, proprietor of M/s Yash Cable Services, respondent no. 2 in respect of preliminary objection raised in the reply of respondent no. 2 that the petition is not maintainable against him and respondent no. 2 has no contractual or business relationship with the petitioner. He has also stated that he is not in possesion of STBs belonging to the petitioner.

On hearing the parties, it appears that in similar facts and circumstances, this Tribunal has deleted respondent no. 2, a competing MSO of the petitioner in those petitions from the array of respondents. In this case also the facts and submissions are similar that respondent no. 2 is neither a necessary nor a proper party.

Following the earlier orders inlcuding order dated 9.11.2021 passed in MA No. 76 of 2021 in BP No. 107 of 2021, the premilinary objection of respondent no. 2 is accepted and he is directed to be deleted from the array of respondents. Revised memo of parties should be filed within three weeks.

Considering that reply of respondent no. 1 (now the sole respondent) has already been filed in BP No. 548 of 2020 and in other three petitions there is already an order for exparte hearing, let these petitions be listed before the Court of Registrar on 22.3.2022 for passing necessary orders and directions to make the petitions ready for hearing.