Tribunals and CommissionsDivision Bench(2021) 12 TDSAT CK 0057

Nxtdigital Limited (formerly Known As Grant Investrade Limited vs Omkar Cable Network And Ors

Telecom Disputes Settlement And Appellate Tribunal · Decided on 17 December 2021

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Disposed Of
CASE NUMBER
Broadcasting Petition No. 702 Of 2020 With Misc Application 27, 193 Of 2021

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Judgment

5 paragraphs · 211 words

Heard learned counsel for the parties.

Petitioner has pressed M A No. 193 of 2021 seeking impleadment of JPR Channel as respondent no. 3 on the ground that respondent no. 3 is a rival MSO and respondent no. 1, an LCO earlier affiliated to the petitioner has allegedly migrated to proposed respondent no. 3 in an illegal manner.

Having heard the parties, it is found that in similar circumstances rival MSOs impleaded in some petitions as respondent no. 2 have been deleted after considering that an MSO has a legal obligation under the interconnect regulations to provide  interconnect agreement to an LCO  if approached.  It has also been noticed  that there is no contractual obligation between the petitioner MSO and a rival MSo creating any legal obligation not to supply signals to any LCO.

Following such judgment, and orders in large number of cases including  M.A. No. 76 of 2021 in BP No. 107 of 2021 dated 9.11.2021, the prayer for impleadment of respondent no. 3 is not found acceptable.  It is accordingly rejected.  The M.A stands disposed of.

It appears that pleadings are complete. Hence, let the matter be listed before the Court of Registrar on 6.1.2022 for passing necessary orders and directions to make the petition ready for hearing.