Subhodaya Digital Entertainment Pvt. Ltd vs Star India Pvt. Ltd

Heard learned counsel for the petitioner and Mr. Kunal Tandon who has appeared on behalf of the respondent on advance notice.  The petition is admitted for hearing.  No notice need to be issued as respondent has already appeared.

From the submissions and materials on record, it appears that the dues mentioned in the impugned notice of disconnection dated 23.7.2021 amounting to Rs. 1.07 Cr. approximately has been paid by the petitioner and information given on 24.8.2021.  it is also clear that no disconnection has taken so far in terms of the impugned notice through which respondent had communicated its dissatisfaction with the earlier audit and demanded for an audit under Clause 15(2)of the Interconnect Regulations.  On this issue the petitioner has not yielded to the request so far but has been protected by interim arrangement reflected by order of the Hon'ble Delhi High Court dated 2.9.2021 passed in a Writ Petition preferred by the petitioner but ultimately disposed of with same very order.  The interim protection on a concession of the respondent is operative till today.

On the issue of audit demanded by the respondent, learned counsel for the petitioner wanted approximately one month's further time to permit the respondent to initiate the said audit.  Mr. Tandon, on the other hand, prays for a direction so that the audit may begin urgently and preferably within one week.

Since in term of the impugned notice only the issue of holding of audit under order 15(2) of the Regulations remains pending, and since request for an audit appears to be pending for almost for a year, the petitioner is granted further interim protection on a condition that the audit must be allowed to begin by 1.10.2021. All concerned shall extend full cooperation in holding of the audit by any auditor duly empanelled by TRAI. This direction for cooperation will include and cover all  technical members of the petitioner's team as well the CAS and SMS vendors. In case audit cannot begin by 1.10.2021 on account of any kind of denial, non cooperation or obstruction  by the petitioner, the respondent will be at liberty to give effect to the impugned notice.

Post the matter under the head "For Directions" on 26.10.2021.  However, in case there is any genuine need to seek any further directions of this Tribunal in respect of audit, the respondent may file an application for this purpose.