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Judgment
Admit. No notice need be issued because Mr. Arjun Natrajan, Advocate has appeared on behalf of TRAI, the respondent on advance notice.
Respondent is granted three weeks' time to file a reply / short reply, mainly on the jurisdictional issue raised on behalf of appellant on the basis of contents of the Telecommunications (Broadcasting Cable) Services Interconnection (Addressable Systems) Tariff Order, 2017, particularly, paras 39 and 40 of the Explanatory Memorandum of the said order and Recommendations of TRAI dated 14.9.2020 on Regulatory Framwork for OTT Communication Services. If required, rejoinder to the reply may be filed within two weeks thereafter.
The issues relating to interim relief shall be further considered on the next date. On the basis of TRAI's stand in the two documents indicated above, there appears some merit at this stage in the submission that OTT services are beyond the extant laws and Regulations presently, which are the words used by TRAI itself in the recommendations of 14.9.2014. Hence, till the next date, no coercive action shall be taken against the appellant on the basis of impugned letter of TRAI dated 25.11.2021.(Annx. A/I)
Post the matter under the head "for directions" on 24.1.2022.