1. This matter has been mentioned by the Learned Senior Counsel, Mr. Meet Malhotra because of the urgency in the matter. 

2. Having heard the learned senior counsel for the petitioner, urgent circulation of this matter is permitted.

3. We have heard learned senior counsel appearing for the petitioner, who has submitted that the respondent is a DPO and was already having Bouquet 'A' and Bouquet 'B' in which there were channels of the present petitioner, now the respondent has created one more Bouquet – 'C' in which there are several channels except, channels of the present petitioner.

4. It is further submitted by learned senior counsel for the petitioner Mr. Meet Malhotra that the respondent in violation of Regulation 5(1) to be read with Regulation 7 of The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 along with other regulations as mentioned in the memo of this petition has migrated several subscribers from Bouquet 'A' and Bouquet 'B' without explicit written request from the subscribers to Bouquet – 'C' in which there are several channels except channels of the petitioner.  This violation has caused a tremendous and irreparable loss to the petitioner and many subscribers of the petitioner have been migrated to a new bouquet which is Bouquet – 'C' created by the respondent without the channels of the petitioner.

5. Learned Senior Counsel appearing for the petitioner has pointed out Regulation 5(1) to be read with Regulation 7 of The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems), Regulations, 2017 along with other regulations as mentioned in the memo of this petition and has pointed out that unless there is a written request by the subscribers, they cannot be migrated to any other bouquet.  It is submitted  by the petitioner that the respondent has migrated the subscribers from Bouquet 'A'  to Bouquet 'C' as well as from Bouquet 'B' to Bouquet 'C' in violation of Regulation 5(1) to be read with Regulation 7 of The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 along with other regulations as mentioned in the memo of this petition and hence, petitioner is seeking ex-parte ad-interim relief to the effect that the respondent may be restrained or be prohibited from shifting/migrating the subscribers of the channels of the petitioner to a new bouquet created by the respondent in which channels of the petitioner have not been included. 

6. It is further submitted by the learned senior counsel for the petitioner that those who have been migrated in violation of Regulation 5(1) to be read with Regulation 7 of The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) Regulations, 2017 along with other regulations as mentioned in the memo of this petition may also be shifted to Bouquet 'A' and Bouquet 'B' in which there are channels of the present petitioner from the newly created Bouquet – 'C'  in which there are no channels of the present petitioner. 

7. Having heard the counsel for the petitioner and looking to the contentious issues raised in this Broadcasting Petition, the same is Admitted.

8. Notice upon respondent to be served by direct service as well as by email. 

9. Notice is made returnable on 3.12.2024.

10. Looking to the urgency of the matter, we hereby grant ex-parte ad-interim relief to the effect that the respondent shall not shift or migrate its subscribers of the channels of the petitioner to a newly created bouquet by the respondent in which there are no channels of the petitioner, especially when the subscribers have not given any written request for this type of shifting/migration.  There is a prima facie case in favour of the petitioner, balance of convenience is also in favour of this petitioner and if the stay, as prayed for, is not granted it will cause irreparable loss to the petitioner.  This stay shall remain in operation till the next date of hearing.  

11. Prima facie, there will be a violation by the respondent of Regulation 5(1) to be read with Regulation 7 of The Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems), Regulations, 2017 along with other regulations as mentioned in the memo of this petition if the respondent is shifting or migrating the subscribers of the petitioner’s channels without their written request. 

12. We hereby direct the respondent to file an affidavit on the following issues: -

(a) Whether the respondent has shifted any subscribers of the channels of the petitioner to a newly created bouquet in which there are no channels of the petitioner? 

(b) Is there any written consent given by the subscribers for shifting them from Bouquet 'A' as well as from Bouquet 'B' to newly created Bouquet – 'C' in which there are no channels of Star India Pvt. Ltd.?

(c) We also hereby direct the respondent to file few samples of the consent, if at all anybody has given, for such type of migration.  

13. The reply of the respondent shall include the aforesaid details on or before the next date of hearing.

14. Direct service of this order is permitted.

15. The Registry of this Tribunal shall give a number to this matter subject to removal of office objection(s), if any, on or before the next date of hearing.