Tribunals and CommissionsDivision Bench

Local Cable Operator Digital Network vs Star India Pvt Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 24 December 2021 · Citation: (2021) 12 TDSAT CK 0080

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 713 Of 2021
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Judgment

5 paragraphs · 266 words

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

Petitioner has suffered disconnection of signals of the respondent on 10.12.2021 pursuant to a disconnection notice dated 17.11.2021 (Annexure P-5).  In the said notice, respondent has emphasised that complete audit report for the period February 2019 to December 2020 with complete details/data has not been furnished to the respondent even after lapse of long time and repeated reminders and, hence, respondent has been forced to take steps for disconnection.

On the other hand, in the last communication of 17.12.2021, the petitioner has highlighted a subsequent audit report of 30.11.2021 and taking the stand that it had submitted audit report for the calendar year 2020-2021.  The reply is not very specific and, hence,  petitioner is given an opportunity to share the audit report pertaining to the period February 2019 up to December 2020 or even November 2020 if the audit was held in that month.  This should be shared with the respondent and brought on record without any delay.

The interim relief shall be considered in the light of subsequent action of the petitioner showing compliance of this order.   It is expected that if the audit report for the required period is made available to the respondent along with all the data and details, the respondent will examine whether their request in the  disconnection notice has been complied and if the answer is in affirmative, they are expected to resume supply of signals without any delay.

Post the matter under the head "For Directions" on 7.1.2022.