Loc Digital Network vs India Cast Media Distribution Pvt. Ltd.

Heard Mr. Bhagat, learned counsel for the petitioner at length on the issue of interim relief. He submits that even on the basis of materials brought on

record through the reply, it is not at all clear from the documents and averments as to what shortcomings or deficiencies have been found by the

respondent with the petitioner's Digitally Addressable System after going through the first audit report shared through email of 20.9.2021 which is at

page 420 of the reply. He adds that even with regard to second audit report (AR) for period December 2020 to November 2021 whose report was

shared recently on 21.12.2021, no adverse observations have been received from the respondent. According to him, same is the situation even with

regard to the first audit report relating to the period September 2019 to December 2020.

Respondent had to show that it has communicated adverse observations to the petitioner after it found that petitioner's system is not fully compliant

with the standards set by TRAI. Allegations of piracy have been levelled but for the period after the filing of the petition.

At this juncture, the materials relevant are those which led to the impugned notice dated 30.10.2021. If respondent has any documentary evidence

including correspondences for the period prior to the impugned notice pointing out defects in the system of the petitioner on the basis of audit reports,

the same is permitted to be brought on record through compilation after sharing the same with the learned counsel for the petitioner atleast 24 hours

earlier to the time of hearing.

With that further opportunity to the respondent given in the interest of justice, no further time shall be granted for deciding the issue relating to interim

relief.

Post the matter under the same head on 3.2.2022.