BROADCASTING PETITION/102/2023
| Mr. Himanshu DhawanMr. Abhay Dev Sharma | Ms. Aanchal TandonMs. Niharika SharmaMr. Tarun Mehta | ||||||||||||||
1. MA 300/2026: This Miscellaneous Application has been preferred by original petitioner seeking stay against the disconnection notice issued by respondent which is at Annexure-A/1 to the memo of this Miscellaneous Application dated 09.10.2026.
2. Having heard learned counsels for both sides and looking to the facts and circumstances of the case and also looking to Annexure-P/2 to the memo of BP 102/2023, especially paragraph-2 thereof, which is summary of observations of the Auditor who has audited the Digital Addressable Systems of the petitioner. The auditor is one of the empaneled Auditors as prescribed by TRAI.
3. Looking to the audit report which is at Annexure-P/2 on the basis of which the demand has been raised by the respondent at Rs.18,49,344/- much has been argued out by the learned counsel for the petitioner to the effect that they are challenging this audit report which is at Annexure-P/2 to the memo of the Broadcasting Petition and, therefore, the demand raised by the respondent based upon the said audit report is not tenable at all at this stage.
5. Having heard the learned counsels for both the sides and looking to audit report, I, hereby, direct the petitioner to deposit Rs.10,00,000/- before Registrar of this Tribunal by way of Demand Draft in the name of “Registrar TDSAT” within a period of four weeks from today. The aforesaid amount shall be accepted by the Registrar of this Tribunal and will deposit the amount as a Fixed Deposit in a Nationalized Bank initially for a period of one year.
6. The aforesaid amount shall be adjusted towards the final liability, if any, of the petitioner.
7. This amount, which is to be deposited by the petitioner, will be subject to the outcome of this Broadcasting Petition.
8. On this condition of deposition of Rs.10,00,000/-, I, also hereby stay the operation, implementation and execution of the notice issued by respondent which is at Annexure-A/1 dated 09.10.2026. The stay shall come in operation immediately upon deposition of the amount.
10. Hence, this matter is adjourned on 22.12.2026.