Zee Entertainment Enterprise Ltd vs Reachnet Sss Entertainment Pvt Ltd

In this petition earlier this Tribunal has already passed an order on 29.5.2019 and the prayer for audit under Clause 15(2) of the Interconnect Regulations, 2017 for the respondent as well as for Reachnet Cable Services Pvt. Ltd., Delhi as well as audit was also permitted for Digi Space Network Pvt. Ltd. and audit was also permitted for Reachnet Cable Services Pvt. Ltd. (Indore) and also for Digi Cablecomm Services Pvt. Ltd.

In pursuance of the aforesaid order of this Tribunal in B.P. No. 134 of 2019 dated 29.5.2019 the audit process was started, but, as per the submissions of the petitioner the respondent were not cooperative, hence, audit could not be completed under Clause 15(2) of the Regulations, 2017 for that effect several orders have been passed by this Tribunal in present Broadcasting Petitions.

Moreover, the non-cooperation of the MSOs have been highlighted in M.A. No. 42 of 2020 in the present of Broadcasting Petition.

Counsel for the respondent MSO submitted that they are highly cooperative and the factual aspects are narrated in the M.A. No. 42 of 2020 have already been denied.

Be as it may, the facts remains that the right vested in the broadcaster - petitioner of present petition under Clause 15(2) of the Regulations, 2017 could not be completely exercised and the orders of this Tribunal in the preset Broadcasting Petition for the audit to be conducted by the MSOs Digital Addressable Cable System has not yet been complied with; we, therefore, permit the Auditor of the broadcaster – petitioner to complete the audit of the MSO respondent under Clause 15(2) of the Regulations, 2017.

We also direct the respondent to cooperate in the audit.

Petitioner can choose his Auditor from empanelled auditors.

Audit shall commence within two weeks from today and shall be completed at the earliest.

This matter is adjourned to 20.7.2022.