Anantha City Digital Communication Network (P) Ltd. v. Sun Distribution Service Pvt. Ltd. .

1. Heard learned counsel for the petitioner and learned counsel for the respondent.

2. Petitioner was granted protection against a notice for disconnection dated 12.02.2018 issued by the respondent. Not only the interim protection has continued since 07.03.2018 but petitioner has also been enjoying a RIO based agreement w.e.f. 01.04.2018 on account of interim orders passed by this Tribunal.

3. Meanwhile there have been two audits. The first audit report showed discrepancies which the petitioner claimed to have taken care of. In the second audit report also discrepancies were found and hence three weeks' time for filing reply to the said audit report was granted on 08.04.2019. Thereafter it appears that the parties engaged in talks for settlement which have not succeeded so far. On 17.07.2019, we adjourned the matter for today and made it clear that if the petitioner is willing to file a reply to audit report it must be done by today.

4. Admittedly, petitioner has not filed reply to the second audit report although sufficient opportunity has been granted for the same.

5. A RIO based agreement is founded on the presumption that the system of the MSO is compliant with regulations and its integrity is assured. Since that is not the case with respect to the petitioner as per the audit report and no reply has been filed till date, the interim protection granted to the petitioner will not stand in the way of the respondent in proceeding to take appropriate action in the matter in accordance with law. With this liberty the petition is disposed of.