OPERATORS NETWORK PRIVATE LIMITED Vs. STAR INDIA PVT LIMITED

JUDGEMENT

(1.) THE petitioner who is a cable operator and who has a subscription agreement with the first respondent herein has filed this petition complaining that the first respondent broadcaster has illegally disconnected its signals without even issuing proper notice and without any valid reasons. It also contends that the notice of the alleged piracy issued is dated 23rd December,2005 received by it on 31st December, 2005 and the disconnection has taken place on 28th December,2005 even before the notice was received by the petitioner. It also states that he has not been indulging in any piracy and it is only an excuse on behalf of the first respondent to disconnect the signals of the petitioner because the petitioner did not agree to receive signals of second bouquet of the respondent on a higher subscription rate.

(2.) The first respondent has filed its reply and to substantiate its ground that the petitioner has been indulging in piracy, it has filed an affidavit of one Shri S. Babu, son of Shri Kencha who is a residing at Door No. 25/14/753, S.B. Industries, 1st Right Cross, Souterpete, Mangalore-2, which according to the respondent proves that the petitioner has been supplying signals to subscribers outside its allotted territory i.e. Valencia. On this ground the first respondent has sought to justify the disconnection.

(3.) A consideration of the affidavit filed by the said Babu on behalf of the first respondent and the endorsement issued by the Mangalore City Corporation clearly says that the residence of the above mentioned Babu falls within the Municipal Ward of Valencia. Therefore, the basis of the disconnection that the petitioner has been indulging in piracy falls to ground. The factum of the above mentioned Babu residing within the corporation limits of the city of Mangalore is also established by the Electoral Roll of Mahanagar Palika Ward No. 48 at Valencia Ward.