Tribunals and CommissionsSingle Bench

Siti Network Ltd vs Sri Byrava Cable Network

Telecom Disputes Settlement And Appellate Tribunal · Decided on 17 March 2021 · Citation: (2021) 03 TDSAT CK 0005

HON’BLE JUDGES
Brijesh Kumar, Registrar
CASE NUMBER
Broadcasting Petition 584 Of 2018
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Judgment

18 paragraphs · 384 words

Ms. Dilsheen Kaur appears for the petitioner in all the cases except in B.P. No. 79/2018& 522/2018 wherein Mr. Nittin Bhatia appears for the

petitioners.  The petitioner in B.P. No. 79/2018& 522/2018 was absent on the last occasion, still time was extended by two weeks to file evidence

affidavits subject to payment cost, as imposed vide order dated 23.12.2020.   It was further ordered that in case the evidence affidavits were

not filed within the extended time their right to file evidence in these two matters be closed.

 Mr. Nittin Bhatia, appearing for the petitioner in B.P. No. 79/2018& 522/2018 has not yet filed any evidence affidavit in these matters, rather he

has made a prayer that the evidence affidavits filed by him on behalf of the respondents in B.P. No. 586 & 595/2018 be read as evidence of

petitioners in B.P. No. 79/2018& 522/2018 also.  A perusal of the order sheet on earlier occasions reveals that no such prayer was ever

made on behalf of the petitioners in these two matters;Â rather he has been seeking time and even cost was imposed by the order dated 23.12.2020

and the last order dated 10.2.2021 made it very clear that petitioners were granted two weeks time to file evidence affidavit subject to payment of

cost, as imposed earlier, failing which their right to file evidence in these matters may be closed.  No evidence affidavits have been filed by the

petitioners in B.P. No. 79/2018& 522/2018 till date.  Mr. Bhatia further submitted that while filing the evidence affidavits on behalf of the

respondents in B.P. No. 586 & 595/2018, in paragraph 6 of the affidavit, the respondents have reserved their right to use those evidence as

evidence of the petitioners in B.P. No. 79/2018& 522/2018Â also.Â

Ms. Dilsheen Kaur, Advocate for respondent in B.P. No. 79/2018& 522/2018 has objected to the prayer made by Mr. Nittin Bhatia.  She prayed

that the right of the petitioners to file evidence affidavits in B.P. No. 79/2018& 522/2018 may be closed.Â

  Let the matters be placed before the Hon’ble Bench for appropriate orders on the prayer of Ld. Counsel for the respondent in B.P. No.

79/2018& 522/2018.

  List all the petitions before this court on 29thApril, 2021 for directions.