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Judgment
20 paragraphs · 425 wordsIn all the petitions, except B.P. No. 286 of 2021 Mr. Vibhav Srivastava, Advocate has appeared for respondent no. 2 and filed M.As. bearing nos. 345
of 2021 in B.P No. 282 of 2021, 196 of 2021 in B.P No. 283 of 2021, 346 of 2021 in B.P No. 284 of 2021, 347 of 2021 in B.P No. 285 of 2021 and
M.A. No. 197 of 2021 in B.P. No. 308 of 2021 seeking deletion of respondent no. 2 from the array of respondents. No reply has been filed to
these M.As. although time was granted for that purpose. From the submissions it is clear that in large number of petitions similar rival MSOs
arrayed as respondents, have been deleted on their prayers. In the present matters, the facts and conditions are similar and hence the prayer for
deletion is allowed. one of the earlier matters relied upon is order dated 9.11.2021 passed in M.A. 76 of 20221 arising out of B.P. No. 107 of
2021. Accordingly, above M.As. of respondent no. 2 are allowed and disposed of. Amended memo of parties should be filed by the petitioner within
three weeks.       Â
In B.P. No. 308 of 2021 respondent no. 1 has filed reply to the petition as well as to the M.A. No. 87 of 2021 preferred under the section 20 of the
TRAI act by the Petitioner. As prayed, four weeks' time is granted for filing rejoinder.
In all the petitions, except B.P. No. 286 of 2021, respondent no. 1 has avoided to appear although notice was served on respondent no. 1 in all the
petitions in the month of April, 22021. Even in B.P. No. 286 of 2021 although a Vakalatnama was filed on 2.9.2021 by Mr. Anjani Kumar Mishra
but he has chosen not to appear on any of the dates thereafter and he is not present even today. In such circumstances, the prayer for ex-parte
hearing qua respondent no. 1 in all the petitions and respondent no. 2 of B.P. No. 286 of 2021 who has also not appeared although notice was served
in the month of April, 2021 itself, is allowed.
B.P. No. 308 of 2021 will be separated from the other petitions and shall be listed before the Bench for considering the M.A. No. 87 of 2021 on
10.2.2022.
The other matters shall be listed before the Court of Registrar on 4.2.2022 for passing necessary orders and directions to make the petitions ready for
hearing.
Interim order to continue until further orders.