Tribunals and CommissionsDivision Bench(2022) 02 TDSAT CK 0058

Hathway Digital Private Limited vs Rushabha Digi Infotech Pvt. Ltd And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 15 February 2022

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Misc Application 30, 31, 32, 33 Of 2021 In Broadcasting Petition Nos. 254, 255, 256, 257 Of 2019

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Judgment

10 paragraphs · 217 words

Heard learned counsel for the applicant/respondent and learned counsel for the petitioner/non-applicant in respect of M.A. Nos. 30 to 33 of 2021 in

B.P. Nos. 254 to 257 of 2019. The issues have already been framed in the light of reply filed by the respondent and in the facts of the case, this

Tribunal is not inclined to entertain the M.As. under consideration in respect of prayer (a) seeking rejection of the petitions under Order VII Rule 11

read with Section 151 of CPC. There are many crucial issues of facts which will have to be heard in detail if the petitions are to be considered on

merits and prima facie there is no good reason for rejecting the petitions at the present stage.

However, in view of a statement made in paragraph 16 that the present M.A. be treated as a notice for disconnection of petitioner’s signals to

respondent no. 1 and prayer (b) seeking modification of the interim order dated 15.10.2019, an opportunity is granted to the petitioner to file reply to

the limited issues connected with prayer (b). As prayed, reply may be filed within four weeks. Rejoinder, if required, may be filed within one

week thereafter.

Post the matters under the same head on 29.3.2022 for hearing prayer (b) in the concerned M.As.