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Judgment
In these petitions earlier this Tribunal has already passed an order on 29.5.2019 and the prayer for audit under clause 15(2) of the Interconnect Regulations 2017 for the respondent as well as for Reachnet Cable Services Pvt. Ltd. Mumbai as well audit was also permitted for Digi Space Network Pvt. Ltd. and the audit was also permitted for Reachnet Cable Services Pvt. Ltd., Bhopal and also for Digi Cablecomm Services Pvt. Ltd.
It is submitted by the counsel for the petitioner that for several reasons the audit could not be completed including for the reason that the respondent was not cooperating and therefore, several orders have been passed by this Tribunal in these matters.
Even these facts have been highlighted in the MA filed in the BPs. Counsel for the respondent - MSO submitted that they are very cooperative and the factual aspects narrated in the MAs about the non cooperation by the respondent are hereby denied.
Be that as it may, the facts remains that the right vested in the broadcaster - petitioner under clause 15(2) of the Regulations 2017 could not be completely and effectively exercised and the orders of this Tribunal for audit to be conducted by the MSOs Digital Addressable Cable System has not yet been complied with, we, therefore, permit the auditor of the broadcaster-petitioner to complete the audit of MSO - respondent under clause 15(2) of Regulations 2017. We also direct the respondent to also cooperate during the audit process. Petitioner can choose his auditor from the empanelled auditors. Audit shall commence within a period of two weeks from today and shall be completed at the earliest.
At this stage, counsel for the respondent submits that the respondent except Reachnet Cable Services Pvt. Ltd., Delhi, others have closed down their business.
These matters are adjourned to 20.7.2022.
We also direct the respondent to place on record on affidavit a list of bank accounts as well as movable and immovable properties of owner/owners/director/directors of the respondent.
Meanwhile, we also direct the owner/ owners of the respondent and the director / directors not to transfer their immovable properties.