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Shivamji Cable Network vs Sony Pictures Networks India Pvt Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 18 February 2022 · Citation: (2022) 02 TDSAT CK 0079

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Disposed Of
CASE NUMBER
Broadcasting Petition No. 62 Of 2022 With Misc Application 113 Of 2022
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Judgment

17 paragraphs · 373 words

Heard learned counsel for the petitioner and learned counsel for the respondent.

On the first date, as appears from the order of 10.2.2022, an issue between the parties was noticed. According to petitioner, supply of signals by

respondent was disconnected on 6.2.2022 without serving the required 21 days’ notice. In the short reply which has been filed on 16.2.2022 the

respondent has pleaded that a disconnection notice dated 10.1.2022 was issued and sent to the petitioner through an email of the same date. The

notice and email have been annexed with the reply.

On behalf of petitioner M.A. No. 113 of 2021 has been filed on 16.2.2022 to bring on record the main issue between the parties for which earlier also

a disconnection notice had been issued by the respondent on 20.10.2021. That notice and the notice annexed with the short reply clearly show that

issue between the parties is/was in respect of holding of annual audit by the petitioner. Petitioner informed the respondent and held an audit in

November, 2021. The report of the audit was received, as per petitioner, only on 3.2.2022 and the same was shared on 6.2.2022. It is

petitioner’s contention that the notice of disconnection sent through email of 10.1.2022 was not received by the petitioner although it appears to

have been sent on the correct email ID which is used by the respondent in its correspondences with the petitioner. However, considering the fact

that the issue between the parties now stands addressed by the petitioner by sharing the audit report on 6.2.2022, going into the issue whether email of

10.1.2022 was received by the petitioner or not, will not be of much help. Petitioner has already suffered disconnection which is continuing. Now

when the issue of holding of audit of petitioner’s system is addressed, the petition is disposed of along with M.As. with direction to the respondent

to restore the supply of signals to the petitioner forthwith preferably within 24 hours. It is made clear that in the present petition the audit report

shared on 6.2.2022 is not an issue and matters related thereto shall be addressed by the parties in accordance with law. If any party is aggrieved, it

can take action in accordance with law.