Sky Hd Digital Cable Network vs Indiacast Media Distribution Pvt Ltd

Admit.  No notice need be issued as the respondent has already appeared.

Heard learned counsel for the petitioner and learned counsel for the respondent.  Reply has been filed on behalf of the respondent on 25.10.2021  No rejoinder has been filed till date although learned counsel for the respondent has submitted  that significant issues were raised by the respondent in respect of technical integrity of petitioner's system through e-mail of 24.6.2021 (ANNEXURE - R/5) but the same was allegedly not replied to.  Petitioner, if so advised, may file a rejoinder within two weeks.

The last order discloses that petitioner has approached this Tribunal after the  disconnection notice took effect on 04.10.2021. It further appears that pursuant to the  observations in the last order, the petitioner has conveyed to the  respondent that an audit under Regulation 15(2) may be conducted any time between 18th and 28th November, 2021.  The main objection of the respondent in not agreeing to petitioner's request for extending the territory is apparently on account of the respondent's suspicion that petitioner's system is not technically compliant with the Regulations. Hence, it is important that the audit under Regulation 15(2) is carried out at the earliest so that this Tribunal may thereafter consider whether interim relief needs to be granted to the petitioner and particularly in respect of territories beyond the agreement.

However, in view of undertaking extended by learned counsel for the petitioner that the petitioner shall not cause any hindrance in holding the audit on the dates indicated and that until further orders petitioner shall confine its business activities and redistribution of respondent's signals only within the territories reflected in the signed agreement, the respondent is directed to restore supply of signals to the petitioner at the earliest preferably within two days.  It goes without saying that petitioner shall pay the invoices as per agreement without default.

It is further made clear that the if the assured audit at the instance of the respondent can not be held  on account of non-cooperation and for reasons attributable to the petitioner then this Tribunal may reconsider the interim relief granted to the petitioner.  Petitioner must extend full co-operation. The interim order is without prejudice to rights of the parties.

Post the matter under the head "For Directions" on 20.12.2021.