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Siti Networks Ltd vs Jain Cable Network

Telecom Disputes Settlement And Appellate Tribunal · Decided on 27 May 2022 · Citation: (2022) 05 TDSAT CK 0109

HON’BLE JUDGES
D. N. Patel, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 434 Of 2021
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Judgment

10 paragraphs · 413 words

1.Counsel appearing for the petitioner submitted that this petition has been preferred for the recovery of Set Top Box (STBs) which are 457 in number, the valuation whereof is at Rs. 5,55,807/-.

2.

It is further submitted by the counsel for the petitioner that the respondent has been appearing as a party in person and he appeared first on 1.12.2021, thereafter, the matter was adjourned to 20.1.2022 and thereafter, again the matter was adjourned to 22.02.2022 and thereafter, again the matter was adjourned to 4.4.2022 and then it is adjourned for today. It is pertinent to highlight that no reply has been filed by the respondent and thus, it is prayed that the respondent be directed to deposit Rs. 6 lakhs before this Tribunal and the matter may be fixed for final hearing or for taking evidence before the Registrar.

3.

When the matter is called out, nobody appears for the respondent.

4.

We, therefore, direct the respondent to deposit Rs. 6 lakhs by way of Bank Draft before Registrar of this Tribunal. This amount shall be accepted by the Registrar of this Tribunal and who shall deposit the same in a Nationalized Bank in a fixed deposit initially for a period of 12 months.

5.

The deposition of the aforesaid amount shall not tantamount to any admission of facts by the respondent. The amount deposited by the respondent shall be adjusted towards the final liability of the respondent, if any. The aforesaid amount shall be finalised by this Tribunal at the time of final hearing of the present Broadcasting Petition. If there is no liability of the respondent, the amount deposited by the respondent shall be returned alongwith interest to the respondent.

6.

If the aforesaid amount is not deposited on or before 22.7.2022, we hereby direct one Mr. Deepak Jain of the respondent to remain personally present without fail before this Tribunal on the next date of hearing at 11.00 AM.

7.

If the aforesaid amount is already deposited by the respondent as stated hereinabove before the Registrar of this Tribunal, there is no need for the aforesaid person to remain present before this Tribunal on the next date of hearing.

8.

This matter is, therefore, adjourned to 1.8.2022.

9.

A copy of the order will be served by the petitioner upon the respondent by Dasti service as well by email.

10.

This Tribunal will also send a copy of this order by Registered post AD as well as by email.