Siti Networks Ltd vs Krishna Cable Network And Anr

Heard learned counsel for the petitioner and learned counsel for respondent no.2.  Nobody appears for respondent no. 1 even today.

Respondent no. 2 has filed M.As. in all the petitions seeking deletion from array of respondents.  In spite of opportunity no reply has been filed to the said M.As.

In similar situation, after considering the stand of both the parties, an order allowing similar M.A. has been passed against the petitioner on 8.11.2021 in M.A. No. 187 of 2021 connected to B.P. No. 214 of 2021.  The said order reads as follows:-

"So far as M A No. 187 of 2021 in B P No. 214 of 2021 is concerned, the same has not been controverted by filing any reply.  There are material statements made in that MA to the effect that the petition is mainly against respondent no. 1 and there is no contractual relationship between the petitioner and respondent no. 2.  In paragraph-8, it has been further asserted that respondent no. 2 is not supplying signals to respondent no. 1.

Learned counsel for respondent no. 2 has also referred to some judgements and orders in support of this application including an order dated 5.8.2021 passed in B P No. 122 of 2020 (MA No. 41 of 2021).  Since the material facts have not been controverted by filing any reply even by way of last opportunity, the prayer in the MA No. 187 of 2021 is allowed and respondent no. 2 is deleted from the array of parties."

Since the facts and submissions are similar, the M.As. bearing nos. 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135 and 136 of 2021 in the concerned petitions are allowed and respondent no. 2 is deleted from the array of respondents.  Amended Memo of Parties may be filed within two weeks.

Learned counsel for the petitioner submits that respondent  no. 1 in B.P. Nos. 109, 111 and 117 of 2021 has not appeared so far even in respect of M.As filed by the petitioner in these petitions under Section 20 of the TRAI Act.  As per affidavit of service filed on 4.10.2021 the notice could not be served, even in respect of M.As.  The email was served in the month of August, 2021 but the respondents concerned have not appeared so far.  In such circumstances, and particularly when as per affidavit of service in respect of respondent no. 1 in all the petitions notice was served on 11.2.2021 and 10.3.2021 and still they have chosen not to appear, no useful purpose will be served by wasting time for fresh notice.  The petitions as well as M.As. filed by the petitioner under Section 20 of the TRAI Act shall be considered ex-parte in accordance with law.

Post the matter before the Court of Registrar on 21.12.2021 for passing necessary orders and directions to make the petitions ready for early hearing along with M.As under Section 20 of the TRAI Act.