Siti Networks Ltd vs Janki Cable Network And Anr

Heard learned counsel for the petitioner and learned counsels for respondent no. 2 in respect of MAs filed on behalf of respondent no. 2 in B P Nos. 205, 206 and 207 of 2021.  No reply has been filed to the MAs of R-2 although last opportunity was  granted on  the last date.   The prayer made in these M A bearing  Nos. 305, 306 and 186 of 2021 is for  deleting respondent no. 2 from the array of parties on several grounds including the ground that it is not supplying signals to respondent no. 1, an LCO against whom the petitioner is having major grievances.

After hearing learned counsel for both the parties in respect of MAs,  it is found that in similar facts and considering similar submissions from the petitioner and the concerned respondent no. 2 in other petitions, prayer to delete respondent no. 2 has been allowed in a number of petitions.  Vide order dated 9.11.2021 M A No. 76 of 2021 in B P No. 107 of 2021 (Siti Networks Ltd.  Vs  Roshan Cable Network & Anr.) was allowed in similar circumstances and that has been followed in several other similar petitions also.  In the present case, there is additional ground because no reply has been filed to dispute the averments made on behalf of respondent no. 2 that they are not supplying signals to respondent no. 1.

Considering all the relevant facts and circumstances and the earlier orders, the prayers made in M A Nos. 305, 306, and 186 of 2021 is allowed and the MAs are disposed of accordingly.  The name of respondent no. 2 shall stand deleted.  Amended memo of parties should be filed by the petitioner within two weeks.

In view of ex-parte order already passed earlier, let B P Nos. 204, 205, and 206 of 2021 be listed before the Court of Registrar on 16.12.2021 for passing necessary orders and directions to make the petitions ready for hearing.

M A No. 151 of 2021 in B P No. 207 of 2021  filed by the petitioner under Section 20 of the TRAI Act needs to be considered by the Bench.   Affidavit of service in respect of this MA of respondent no. 1 (now the sole respondent) should be filed within two weeks from today.  Already sufficient time has been granted and no further time shall be granted for this purpose.

It is made clear that respondent no. 2 has been deleted on the merit of his case and, therefore, no reply is expected from respondent no. 2 in respect of M A No. 151 of 2021.  This application shall proceed solely against respondent no. 1, now the sole respondent.

Post B P No. 207 of 2021 alongwith M A No. 151 of 2021 under the same head on4.1.2022.