Siti Networks Ltd. vs Sai Cable Network And Anr

Heard learned counsel for the petitioner and learned counsel for respondent no. 2 who has appeared in most of the matters except B P No. 213 of 2021.  Prayer on behalf of respondent no. 2 is to take up and decide the MAs filed on their behalf in B P Nos. 212, 214, 215 and 217 of 2021.  The prayer in those petitions is to delete respondent no. 2 from the array of respondents.  In B P No. 216 of 2021, respondent no. 2 has filed reply.  Petitioner may file rejoinder to the same within four weeks. In B P No. 218 of 2021, respondent no. 2 has filed an MA seeking deletion.  Petitioner may file reply to the said MA also within four weeks.  Rejoinder, if required, may be filed before the next date.

In the last order, it was observed that ex-parte order may be passed against the non appearing respondents No. 1   and 2 if they do not appear by today.  The petitions shall be heard ex-parte qua non-appearing respondents.

On behalf of petitioner, a reply has been filed to M A Nos. 234, 235 and 236 of 2021 opposing the prayer for deletion.  However, no reply has been filed to M A No. 187 of 2021 in B P No. 214 of 2021.

Learned counsel for the petitioner has submitted that the said MA should not be heard at present because talks for settlement of the dispute with respondent no. 1 (Non- appearing) has made substantial progress.  Learned counsel for respondent no. 2 on the other hand has opposed the aforesaid stand and has pointed out that in the last order dated 23.9.2021, it was indicated that four weeks' further time was being  granted by way of last opportunity to file reply  but that has not been done whereas reply to MAs in other three petitions have been filed.

Learned counsel for the petitioner has lastly submitted that today the arguing counsel has not appeared and,  hence, one last opportunity may be granted and the MAs be heard on another date.

Reply has been filed to MAs of respondent no. 2 in B P Nos. 212, 215 and 217 of 2021 which have been noted above.  Those MAs shall be considered on their merits on the next date without granting any further adjournment.

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.

In B P No. 213 of 2021, none of the respondents have appeared, and hence, that matter needs to be heard separately ex-parte against the respondents.  Let that matter be listed before the Court of Registrar separately on 29.11.2021 for passing necessary orders and directions to make the petition ready for hearing.  Other matters shall be listed under the same head on 14.12.2021.