Siti Networks Ltd vs Anish Cable Network And Anr

Heard learned counsel for the petitioner and learned counsel for the respondent no. 2 in B.P. Nos. 43, 44, 45 of 2021.  Respondent no. 2 has filed M.As.  bearing nos. 61, 62 and 63 of 2021 to seek deletion of respondent no. 2 from the array of respondents on the ground that the reliefs sought in these petitions are mainly against respondent  no. 1; there is no privity of contract between the petitioner and respondent no. 2 and there is a clear averment in the M.As. that respondent no. 2 is not supplying signals to respondent no. 1 and the same has not been controverted by filing any reply to the M.As.

After hearing learned counsel for the parties in respect of M.As., it is found that in similar facts and circumstances an M.A. filed by the same MSO, as respondent. 2 in B.P. No. 214 of 2021 has been allowed yesterday mainly because the same very petitioner has chosen not to file any reply to the M.A. of respondent no. 2 in B.P. No. 214 of 2021.  It is noted that respondent no. 2 has placed reliance upon a similar judgment of this Tribunal which is noted in the order passed in B.P. No. 214 of 2021.  Following the said orders, M.A. Nos. 61, 62 and 63 of 2021 are allowed.  The name of respondent no. 2 shall stand deleted from the array of parties in these petitions.  The M.As.  stand disposed of accordingly.  Petitioner to file amended Memo of Parties within two weeks.

Learned counsel for the petitioner submits that talks for settlement with respondent no. 1 in these matters are at an advance stage and if the same succeeds, the petitions shall be withdrawn on the next date.

As prayed, post the matters under the same head on 13.12.2021.