Tribunals and CommissionsDivision Bench

Siti Networks Ltd vs Sunlight Enterprises And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 4 March 2022 · Citation: (2022) 03 TDSAT CK 0010

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
ACTS & SECTIONS REFERRED
Telecom Regulatory Authority of India (TRAI) Act, 1997 — Section 20
RESULT
Allowed
CASE NUMBER
Misc Application 52 Of 2022, 162 Of 2021 In Broadcasting Petition No.672, 679 Of 2020
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Judgment

7 paragraphs · 251 words

Heard learned counsel for respondent no. 2 and learned counsel for petitioner in respect of M.A. no. 52 of 2022 filed in BP No. 679 of 2020 whereby respondent no. 2 seeks its deletion from the array of respondents.

Learned counsel for the applicant submits that in the facts of the case, respondent no. 2 is neither a necessary nor a proper party. He has placed reliance on several earlier orders of this Tribunal including order dated 9.11.2021 passed in M.A. No. 76 of 2021  arising from BP No. 107 of 2021.

In similar facts and circumstances the above order was passed allowing deletion of a rival MSO arrayed as respondent no. 2.  There is no good reason not to follow the earlier orders.

In that view of the matter respondent no. 2 is ordered to be deleted from the array of respondents. M.A is allowed and disposed of. Amended memo of parties should be filed within three weeks.

Post BP No. 679 of 2020 separately before the Court of Registrar on 25.3.2022 for passing necessary orders and directions to make the petition ready for hearing.

In BP No. 672 of 2020  learned counsel for the petitioner has pressed M.A No. 162 of 2021 preferred under section 20 of the TRAI Act. Nobody appears for the respondent. Let notice be issued in the MA, dasti and email in addition. Affidavit of service should be filed within four weeks.

Post the matter under the same head on 6.4.2022 for considering the MA.