Tribunals and CommissionsDivision Bench

Siti Networks Ltd vs Vinay Cable Network And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 4 February 2022 · Citation: (2022) 02 TDSAT CK 0024

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Allowed
CASE NUMBER
Broadcasting Petition Nos. 345, 352, 353, 354, 357, 359, 361, 362, 366, 367, 369, 375, 378, 379, 380, 381, 382, 383, 384, 385 Of 2021 With Misc Application 217, 218, 219, 239, 241, 243, 244, 245, 246, 247, 378, 379, 380, 381, 382, 383, 384, 385, 388, 409,
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Judgment

21 paragraphs · 467 words

Heard learned counsel for the petitioner and learned counsels for some of the respondents, mostly respondent no. 2 in these petitions. Also heard

Mr. Saurav Sharma, Advocate appearing for respondent no. 1 in B.P. No. 361 of 2021. He has already filed his reply. As prayed on behalf of

the petitioner four weeks’ time is granted for filing rejoinder.

Learned counsel for the petitioner prays for, and is allowed, four weeks’ time to serve fresh notice upon respondent no. 1 in B.P. Nos. 362,378

and 383 of 2021. Affidavit of service should be filed within the said time.

It is noted that Ms. Kanupriya Gupta, Advocate has appeared today and has accepted notice on behalf of respondent no. 2 in B.P. No. 384 of 2021.Â

As prayed by her four weeks’ time is granted for filing Vakalatnama and reply/application. Thereafter petitioner will be at liberty to file

rejoinder/reply within further period of four weeks.

M A. Nos. 217 to 219 of 2021, 239 of 2021, 241 to 247 of 2021, 378 to 381 of 2021, 384 of 2021, 386 of 2021, 388 of 2021 and 409 of 2021 in B.P.

Nos. 345 of 2021, 352 to 354 of 2021, 357 of 2021, 359 of 2021, 361 to 362 of 2021, 366 to 367 of 2021, 369 of 2021, 375 of 2021, 378 of 2021, 380 to

383 of 2021 and 385 of 2021 respectively seek deletion of respondent no. 2 from the array of parties.   Heard the parties in respect of these

applications. Learned counsel for respondent no. 2 has relied upon several orders passed by this Tribunal permitting deletion of respondent no. 2 in

similar facts and circumstances. One of such orders is dated 9.11.2021 passed in M.A. No. 76 of 2021 in B.P. No. 107 of 2021. Considering

that material facts and circumstances are similar, the prayer for deletion is allowed. The M.As. are accordingly allowed and disposed of.Â

Petitioner shall file amended memo of parties within three weeks.

List B.P. Nos. 362,378 and 383 of 2021 separately before the Bench on 3.3.2022.

Learned counsel for the petitioner submits that except the aforesaid three petitions where fresh notice has to be issued on respondent no. 1, notice on

respondent no. 1 has been served between 7.5.2021 and 24.5.2021. She prays for order for ex-parte hearing qua the non-appearing respondent no.

1 in these petitions. In the facts of the case, it is found that non-appearing respondent no. 1 had ample opportunity to appear after notice but they have

avoided to do so. Hence, the prayer for ex-parte hearing is allowed. The petitions shall proceed ex-parte qua non-appearing respondent no. 1.

Post the matters before the Court of Registrar on 4.3.2022 for passing necessary orders and directions to make the petition ready for hearing.