Tribunals and CommissionsSingle Bench(2021) 07 TDSAT CK 0015

Niharekaa Media vs Andhra Pradesh State Fiber- Net Ltd And Anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 22 July 2021

HON’BLE JUDGES
Shiva Kirti Singh, CP
CASE NUMBER
Broadcasting Petition No. 489 Of 2021

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Judgment

4 paragraphs · 262 words

Admit. No notice need to be issued to Respondent No. 1 because the respondent has appeared through Mr. Krishanmorthi, Advocate on the basis of advance notice. Issue notice to Respondent No. 2; dasti and email in addition. Respondents may file reply within four weeks. Rejoinder, if required, may be filed within two weeks thereafter.

On hearing the parties in respect of interim prayers, it is noticed that petitioner had approached the High Court of Andhra Pradesh at Amaravati through a Writ Petition in which a limited interim relief was granted to petitioner and some other entities who were not petitioners. This is apparent from the order of Hon’ble High Court dated 8.10.2020 (Annexure P8). Subsequently on the issue of jurisdiction the Writ Petition was held to be not maintainable and was disposed of accordingly on 15.6.2021 (Annexure P9) but liberty was granted to the petitioner that it may agitate its claim before this Tribunal.

Considering the entire facts and circumstances and the earlier interim order of Hon’ble High Court, it is deemed just and proper to continue the interim arrangement made by the Hon’ble High Court but only in respect of the petitioner in the capacity of MSO as well as LMO. As a result, the respondent is directed not to take any further coercive steps against the petitioner’s codes as MSO and LMO to the extent such codes were covered by order of the High Court. This arrangement shall be reconsidered in the light of reply etc. on the next date.

Post the matter under the head “For Directions” on 13.09.2021.