Mauli Cable Network vs Star India Pvt Ltd

Admit.  No notice need be issued as respondent has appeared on advance notice through Mr. Kunal Tandon, Advocate.

Petitioner has pressed for stay of the impugned disconnection notice dated 4.10.2021.  The notice is for non-holding of audits for the Calendar Years 2019 - 2020.  It also contains a condition that petitioner should not seek more time and allow the respondent to hold audit under Clause 15(2) of the Regulations from any date between 12 - 18 October 2021 and if that is not done, the respondent would give effect to the three weeks' notice.

Learned counsel for the respondent has submitted that there is gross and inordinate delay in holding of the audit for two consecutive calendar years and such an act is in violation of the Regulations and creats strong suspicioun of unfair activities by the petitioner.  He opposes any interim order in favour of the petitoner unless petitioner agrees to hold an audit immediately without further delay under Clause 15(1) of the Regulations and in that event petitioner will reserve its right to have an audit under clause 15(2) of the Regulations.

Learned counsel for the petitioner submits that because of festivals etc. audit has now been scheduled by the petitioner to begin from 10.11.2021 and respondent may join the same like some other broadcasters.  It can of course hold audit under Regulation 15(2) at any convenient date thereafter  in case it is deemed necessary.

Already petitioner has caused sufficient delay, however, by way of last opportunity he is given a chance to begin audit from 10.11.2021. In case the audit does not begin even on 11.11.2021, respondent would be at liberty to give effect to the impugned notice which is stayed for the time being only on the assurance of the petitioner that the audit shall begin from 10.11.2021.

It would be open for the respondent to file a reply / short reply by the next date.

Post the matter under the head "for directions" on 17.11.2021.