Star India Pvt Ltd vs Hathway Cbn Multinet Pvt Ltd And Ors

Admit. Notice upon respondents. Mr. Diggaj Pathak, counsel accepts notice on behalf  of respondent no. 1 and Mr. Nasir Husain, counsel accepts notice for respondent no. 2. Notice upon respondent no. 3 to be served by dasti as well as email.  Notice is made returnable on 22.7.2022.

Meanwhile as ex-parte ad-interim relief, we hereby restrain respondent no. 1 from supplying the signals of the petitioner’s channels to its subscribers either directly or indirectly, either by itself or third party MSO and/or DTH operator, (including but not limited to respondent no. 2 and respondent no. 3) and/or using/through its head-end or using its SMS, CAS, Set Top Boxes and/or other equipment or the head-end of any DPO (including those of respondent no. 2 and respondent no. 3) to its Local Cable Operators or subscribers, till the pendency of the present petition; and also order restraining the third party entity, including but not limited to respondent nos. 2 and 3 and all such third party MSO/DPO/LCO from supplying the signals of Petitioner's channels to the respondent no. 1 or its LCOs or its subscribers, either directly or indirectly, using /their head-end or any other equipment or using the head-end or any equipment like SMS, CAS, Set Top Boxes of the Respondent no. 1, till the pendency of the present petition.

This ex-parte ad-interim relief shall remain in operation till the next date of hearing mainly for the reason that the notice which was given by this petitioner on 7.1.2022 (Annexure – P-5) has not been replied by the respondent no. 1 and also looking to the fact that the reply which is given by respondent no. 2 dated 16.3.2022 (Annexure P-12) is to the effect that they have divested from the business of respondent no. 1.  We have also perused Annexure P-10 which is a notice dated 18.2.2022 given to the respondent no. 2 and we have also perused Annexure P-11 which is a notice dated 25.2.2022 given to the respondent no. 3.  Looking to these Annexures viz. – Annexure P-5, Annexure P-10, and Annexure P-11 to be read with Annexure P-12, there is a prima facie case in favour of the petitioner and balance of convenience is also in favour of the petitioner, and if the stay, as prayed for, is not granted, it will lead to an irreparable loss to the petitioner.  Hence, the aforesaid stay has been granted which shall remain in operation till the next date of hearing.

This matter is adjourned to 22.7.2022.