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Judgment
M.A. No. 112/2023
This M.A. has been preferred by original petitioner seeking reconnection mainly on the ground that so far as reconnection notice is concerned which is at Annexure P-4 of memo of this petition the reason mentioned wherein are about the audit under regulation 15(2) of The Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (for short "the Regulations,2017").
Counsel appearing for the petitioner further submitted that they have no objection at all for conducting audit under regulation 15(2) of the Regulations, 2017 of their digital addressable systems. Counsel for the petitioner submitted that no other reasons have been assigned in the disconnection notice dated 11.04.2023 (Annexure P-4) and the respondent has already disconnected the supply of the signals on 03.05.2023.
Counsel for the petitioner submitted that they are losing day-to-day subscribers which is an irreparable loss. The only reason given in disconnection notice is about conducting the audit under regulation 15(2) of The Regulations, 2017 which is being accepted by the petitioner and, therefore, there is prima facie case in the favour of the petitioner. The balance of convenience is also in favour of the petitioner and if the stay as prayed for is not granted, it will cause irreparable loss to the petitioner and, therefore, petitioner is seeking immediate reconnection of the supply of the signals.
Having heard the counsels for both the sides and looking to the various Annexures as pointed out by the counsel for both the sides annexed with the memo of this petition as well as with the memo of this M.A., it appears that audit under regulation 15(2) of the Regulations, 2017 to be conducted on and from 15.05.2023 and the petitioner shall co-operate the audit which the respondent shall conduct with effect from 15.05.2023. The piracy is alleged by the respondent which shall be stopped in any format by the petitioner if at all the piracy is going on.
There is prima facie case in the favour of the petitioner, balance of convenience is also in favour of the petitioner and if the stay as prayed for is not granted, it will cause an irreparable loss to the petitioner. We, therefore, direct the respondent to reconnect the supply of signals immediately and latest within 24 hours from today.
The stay shall remain in operation till the next date of hearing. The audit report under the regulation 15(2) of the Regulations, 2017 shall be presented by the respondent on or before next date of hearing .
The matter is adjourned as per request of the learned counsel for the respondent to 26.07.2023.