Hathway Digital Private Limited vs Tara Ma Satellite And Anr

Pleadings are complete. After hearing Ld. Counsel for the petitioner and Respondent No. 2, the following issues are framed in agreement of the

two sides.

(1)Whether the Petitioner is entitled to receive the 690 STBs from the Respondents jointly or severally or in the alternate entitled to a sum of Rs.

11,10,807/-Â at Rs. 1600/-Â per STB along with interest ?

(2)Whether the Respondent No.1 has illegally migrated to the Respondent No.2 in violation of Interconnect Regulations and without returning the

STBs of the Petitioner?

(3)Whether the petition is maintainable against Respondent No. 2 in the absence of any agreement between the Petitioner and the Respondent No. 2?

(4)What is the liability of the Respondent No. 2/rival MSO in the event of migration of the LCO/Respondent No. 1 from the network of the Petitioner

to the network of the rival MSO/Respondent No.2 as per the Telecommunications (Broadcasting & Cable Services) Interconnection (DAS)

Regulations, 2017?

(5)Whether any cause of action arises against the Respondent No. 2 when it is admittedly not privy to the contract/ Subscription Agreement between

the Petitioner and the Respondent No. 1?

(6)Whether any liability towards recovery of STBs can arise against the Respondent No. 2 in light of the fact that the Petitioner has failed to place on

record any delivery challans/transfer invoices to indicate supply of STBs?

As prayed for, let evidence affidavit be filed by the petitioner in four weeks. Respondent No. 2 may file its evidence affidavit in four weeks

thereafter.  List on 19th February, 2021 for directions.