The judgment emphasizes the importance of compliance with the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and the authority of the Tribunal to take action based on substantial non-compliances.

JUDGMENT

Subramonium Prasad, J.

1. Aggrieved by the Order dated 23.01.2023, passed by the learned Single Judge in W.P. (C) 644/2023 dismissing the Writ Petition, the Appellant herein has filed the instant appeal.

2. Shorn of details, the facts, in brief, leading to the instant appeal are as under:

a) It is stated that an inter-connection Agreement dated 10.06.2021 was entered into between the Appellant herein and the Respondent herein which was valid till 09.06.2022. It is stated that a disconnection notice dated 12.10.2021 was issued by the Respondent to the Appellant herein which was challenged by the Appellant herein by preferring a Broadcasting Petition, being BP No.636/2021, before the Telecom Disputes Settlement and Appellate Tribunal (hereinafter referred to as `the Tribunal'). It is stated that during the pendency of the broadcasting petition, vide letter dated 28.04.2022, the Respondent herein raised an additional demand of Rs.16,33,76,703/- upon the Appellant. The Tribunal vide Order dated 10.05.2022 disposed of BP No.636/2021 with liberty to the Appellant herein to challenge the demand issued by the Respondent herein.

b) It is stated that vide letter dated 26.05.2022, the Respondent herein issued a disconnection notice to the Appellant herein. The Appellant herein preferred a Broadcasting Petition, being BP No.312/2022, before the Tribunal challenging the said disconnection notice. The Tribunal directed the Appellant herein to deposit Rs. 2 Crores before the Registrar, TDSAT, by way of a bank draft and subject to the said deposit, the Respondent herein was restrained from disconnecting the supply signals to the Appellant herein. The Appellant herein deposited the said amount on 20.06.2022.

c) When the matter came up for hearing on 18.11.2022, the Respondent herein highlighted before the Tribunal a number of non-compliances of the provisions/requirements under Scheduled III Appended to the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (hereinafter referred to as `the Interconnection Regulations, 2017'). The Tribunal, after hearing both the parties and after taking into account the opinion of the empanelled auditor of the TRAI, came to the conclusion that there have been substantial non-compliances on the part of the Appellant herein of the requirements under Scheduled-III appended with the Interconnection Regulations, 2017. The Tribunal also held that the effect of the non-compliances and the methodology adopted by the Appellant herein, prima facie, leads to a fact that there is a substantial under-declaration by the Appellant of the number of subscribers. Therefore, the TDSAT, vide Order dated 18.11.2022 vacated the stay granted on 14.06.2022.

d) The said order has been challenged by the Appellant before this Court by filing a Writ Petition, being W.P.(C) 644/2023.

e) The Appellant herein also moved an application, being CM APPL.456/2022, before the Tribunal, seeking recall of the order dated 18.11.2022 as well as for restoration of supply of signals by the Respondent herein. The application was withdrawn by the Appellant on 09.01.2023.

f) The learned Single Judge vide Order dated 23.01.2023 has dismissed the Writ Petition by observing that the Order of the Tribunal vacating the stay was based on the material available before the Tribunal and the same does not call for any interference.

g) It is this Order which has been challenged by the Appellant in the instant Appeal.

3. Heard the Counsel for the parties and perused the material on record.

4. The instant Appeal primarily arises out of Order dated 18.11.2022 by which the Tribunal had vacated the interim order dated 14.06.2022 by which the Respondent herein was injuncted by the Tribunal from disconnecting the signals of the Appellant herein subject to the Appellant depositing a sum of Rs.2 Crores with the Tribunal. When the matter came up for hearing on 18.11.2022, the Tribunal, after going through the mater