Siti Networks Ltd vs Sv Cable Tv Network And Anr

Heard learned counsel for the petitioner and learned counsel for respondent no. 2.

This petition is proceeding ex-parte qua respondent no. 1.  Respondent no. 2 has already filed a reply on 31.8.2021 taking a plea that he is   neither a necessary party nor a proper party and has been impleaded only because he is a rival  MSO of the petitioner.  It has been pointed out on behalf of respondent  no. 2 that there is no sustainable prayer made against respondent no. 2 and he is not having any agreement with the petitioner nor he owes anything to the petitioner under any law in the light of averments made in the petition.

On 16.9.2021, this Tribunal gave opportunity to the petitioner to file rejoinder by the next date if settlement talks said to be proceeding with respondent no. 1 do not succeed.

On the next date i.e. on 18.11.2021 it was reiterated that if no settlement takes place by the next date, this Tribunal may consider the oral prayer made on behalf of respondent no. 2 for deletion in view of various orders passed by this Tribunal in different petitions almost in identical circumstances.

Learned counsel for respondent no. 2 has pressed for deletion of respondent no. 2 on the basis of uncontroverted pleadings in the reply and also on the basis of various orders passed in similar facts and circumstances such as in the case of Siti Networks Ltd Vs Roshan Cable Network & Anr on 9.11.2021 in MA No. 76 of 2021 arising in B P No. 107 of 2021.

Considering that stand and argument of both the parties are similar as one noted in the order of 9.11.2021 cited above, it appears just and proper to take the same view. It will be futile to keep respondent no. 2 on record only waiting for success of settlement talks between petitioner and respondent no. 1, who has not appeared in this proceeding.

In the facts of case, this Tribunal considers it in the interest of justice to delete respondent no. 2. We order accordingly.  Let amended memo of parties be filed within two weeks.

The petition may be finally disposed of on the next date because it is proceeding ex-parte against respondent no. 1 and so far talks of settlement have not shown any result.

Post the matter under the same head on 27.1.2022.